Wrongful Death Claims

It is an unfortunate tragedy when bad decisions or poorly manufactured products cost someone their life. But what legal actions can be taken after someone dies as the result of someone else’s willful or negligent acts, errors or omissions? Wrongful death is defined as an unintended fatality caused by someone else’s negligence or recklessness.

In New Mexico, family members including the spouse, children and parents of the deceased victim may pursue a wrongful death claim as long as it is within three (3) years from the death of their loved one.  The Estate of the deceased will need to have a Personal Representative appointed to act as the Plaintiff on behalf of the Estate if the case proceeds to litigation.  Depending on the circumstances of each case, the decedent’s family may be entitled to receive compensation for losses they have faced as a result of their loved one’s unexpected death.

In wrongful death cases, plaintiffs must prove that the defendant(s) are liable to the survivors as a result of negligence or intentional conduct.   The information provided below will cover different types of wrongful death cases to provide a better understanding of what wrongful death is.

AUTOMOBILE CRASH CAUSING WRONGFUL DEATH

The Insurance Institute for Highway Safety Highway Loss Data Institute maintains a database of all fatal motor vehicle crashes.

Common causes of wrongful death car crashes include:

• The negligent driver was driving distracted using their cellular or mobile phone while driving;

• The negligent driver was intoxicated by alcohol, prescription drugs or illegal substances;

• A highway or roadway was negligently maintained;

• The failure of local authorities or third-party vendors to provide adequate road hazard warning signs especially in a construction zone.

TRACTOR-TRAILER COLLISION RESULTING IN WRONGFUL DEATH

These life-changing traumatic collisions occur far too often. According to The Institute for Highway Safety, large commercial trucks which include 18 wheelers or tractor-trailer vehicles have a higher fatality rate per mile than any other type of vehicle. The size difference alone between a tractor-trailer and the average automobile makes any collision potentially fatal.

All commercial tractor trailer drivers have the legal responsibility to operate their commercial vehicles safely, but negligence involved in large tractor-trailer crashes is commonly caused by driver fatigue, exceeding the legal number of hours of service requirements, driving distracted, drug or alcohol use, failing to obey traffic safety rules and speeding. If an investigation reveals that the commercial driver or tractor-trailer company was negligent or in violation of state or federal regulations, they may be held liable for your loved one’s death.

WORK INJURY RESULTING IN WRONGFUL DEATH

If you have lost a loved one in a workplace accident due to the willful or intention acts, errors or omissions by the Employer, you may be able to make claims for worker’s compensation benefits and a wrongful death claim.  To prevail in a claim against your Employer for the wrongful death will have to meet the legal standard set in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-34, 131 N.M. 272, 34 P.3d 1148 in order to successfully sue your Employer. However, you may also have a third-party wrongful death cause of action if the death was caused by someone not associated with the Employer.

MEDICAL MALPRACTICE RESULTING IN WRONGFUL DEATH

A wrongful death case arises when a patient dies as a result of medical malpractice. Depending on what the cause of death was, a medical professional may be held liable including a nurse, doctor, surgeon, anesthesiologist or a medical facility such as a doctor’s office, hospital or surgical center. Although we trust our lives as well as the lives of our loved ones to medical professionals and medical facilities and expect proper medical care to live long healthy lives, this is not always the outcome. Medical professionals are human and are subject to errors and omissions.

Medical malpractice wrongful death claims are among the most difficult claims to prove. You will want the legal guidance of an experienced Medical Malpractice Wrongful Death Attorney to help determine liability and prove negligence. The legal standard is high and the costs associated with pursuing and taking this type of case to trial will be significant. Expert witnesses will be required to prove that the medical professional failed to meet the standard of care required in each situation. The costs to litigate are expensive and are always the responsibility of the client regardless of the outcome of the case. 

PRODUCTS LIABILITY RESULTING IN A WRONGFUL DEATH

Manufacturers and other companies that make products for consumers have the responsibility to ensure the products work as intended and manufactures owe a legal duty to ensure products are safe for consumers. Defective products pose a serious danger to the health and well-being of consumers.

Examples of product liability wrongful death include:

• Dangerous toys
• Defective airbags
• Defective tires
• Defective car seats

Negligence will be helpful but does not always need to be proven when it comes to a case involving product liability. The Plaintiff will need to show that the product contained some level of defect, through design or manufacture making the product unreasonably dangerous. In some cases, strict liability and issues related to joint and several liability will apply. 

Furthermore, the Plaintiff would need to establish that the product in question caused or contributed in some way to the wrongful death of the victim. An example would be an airbag that failed to deploy in the event of a head-on collision and the injuries that resulted from the lack of protection caused the death of the victim. Other cases involving food preparation and cleaning will result in a wrongful death case. 

PREMISES LIABILITY RESULTING IN WRONGFUL DEATH

Premise liability comes into play when dangerous premises are responsible for the death. Depending on the circumstances, such claims may be brought against a business, a landowner, a homeowner, a landlord or even the local, state or federal government.

For example, a swimming pool that does not have proper fencing to protect children from accessing the pool area unsupervised. The absence of legally required gate(s) poses a threat to those that do not know how to swim, and the property owner may be held accountable if someone is harmed in that swimming pool.

To prove a premise liability wrongful death claim, the plaintiff will need evidence that proves the following:

• How their loved one was harmed.
• How the property owner was negligent.
• How their loved one’s injury caused his/her death.

The plaintiff and the plaintiff’s attorney will also have to prove the following:

• The property owner owed the victim a duty of care
• The property owner breached the duty of care by failing to act as a reasonable property owner would in a similar situation.
• The property owner’s breach of the duty of care caused the victim’s death
• The plaintiff has the legal right to compensatory and possibly punitive damages.

Common examples of premises liability wrongful death claims include:

• Slip and falls
• Fires and explosions
• Dog bites
• Daycare or school injuries
• Negligent maintenance of parking lot or property
• Lack of premises security
• Swimming pool deaths

WHY FILE A WRONGFUL DEATH CLAIM?

Although filing a wrongful death claim cannot erase the horrific tragedy that has occurred, three things may help a grieving family by filing a wrongful death claim.

1. Accountability: For many families, this is the only path they have in reaching justice.
2. Compensation: Survivors should not have to worry about financial difficulties and the added stress layered on top of the emotional and mental trauma that has resulted from losing a loved one unexpectedly.  A wrongful death claim may be able to eliminate the financial burdens that the survivors are faced with as a result of their loved one’s wrongful death.

        Survivors may be entitled to recover for damages including:

• Medical expenses
• Funeral expenses
• Mental anguish and emotional distress
• Lost earning and loss of future earnings capacity
• Lost of expected inheritance
• Lost care, support, guidance or counsel
• Lost love or companionship
• Lost benefits from employment

   3. Future safety: Wrongful death claims have the power to force guilty parties to change their company safety policies and procedures with the goal of              making life safer for others.

When it comes to wrongful death claims, the cause of death is not always apparent. In many claims, the investigation that takes place during a wrongful death lawsuit may be the only way a grieving family can discover the truth and eventually find closure.



If you are grieving the loss of your loved one due to the negligence of a third-party entity or person, we encourage you to contact Sapien Law LL and schedule a free consultation with one of our experienced personal injury attorneys to ensure that your family gets the maximum compensation that you deserve.  Please contact us at (505) 842-5979 or visit www.sapienlaw.com to complete a brief intake.