Best Wrongful Death Lawyers in Roswell

About Wrongful Death Law in Roswell, United States

Wrongful death occurs when a person dies due to the negligence or misconduct of another party. In Roswell, as in the rest of the United States, wrongful death statutes provide the legal framework for surviving family members or the estate of the deceased to seek compensation for their loss. These laws aim to offer financial relief to the deceased's dependents, covering aspects such as lost wages, medical expenses, and emotional suffering. Importantly, wrongful death claims are civil lawsuits, distinct from any criminal charges that may be brought forth.

Why You May Need a Lawyer

Engaging a lawyer can be crucial in a wrongful death case due to the complexity of the legal process and the emotional strain involved. Common situations where you might require legal assistance include:

• The wrongful death was the result of a car accident caused by another's recklessness.
• A medical professional's negligence led to a fatal medical outcome.
• The death occurred due to a defective product or unsafe working conditions.
• Determining the value of the claim requires legal expertise to account for non-economic damages like loss of companionship.
• There is a need to navigate complex legal procedures and meet strict deadlines.

Local Laws Overview

The state of New Mexico, under which Roswell falls, has specific statutes that govern wrongful death claims. A wrongful death claim must generally be filed within three years from the date of death. The claim is usually brought by a personal representative of the deceased's estate for the benefit of surviving family members. Damages sought may include compensation for funeral expenses, loss of future earnings, and loss of companionship. Punitive damages may also be awarded in cases where the defendant's actions were particularly egregious.

Frequently Asked Questions

What is a wrongful death claim?

A wrongful death claim is a legal suit filed by the surviving family members or estate of a deceased individual whose death was caused by the wrongful act or negligence of another party.

Who can file a wrongful death lawsuit in Roswell?

In Roswell, the personal representative of the deceased’s estate typically files the lawsuit on behalf of the surviving family members, which may include spouses, children, or parents.

What types of damages can be recovered?

Recoverable damages include funeral expenses, lost wages and benefits, medical expenses prior to death, loss of companionship, and in some cases, punitive damages.

How long do I have to file a wrongful death claim in Roswell?

The statute of limitations for filing a wrongful death claim in New Mexico is generally three years from the date of death.

Do I need to prove negligence in a wrongful death case?

Yes, proving negligence is key to a wrongful death claim. This involves showing that the defendant had a duty of care, breached that duty, and caused the death as a result.

What is the difference between civil and criminal cases in wrongful death?

Civil cases, such as wrongful death lawsuits, are about compensation for the victims' families. Criminal cases focus on punishing the wrongdoer and are separate from civil lawsuits.

Can a wrongful death claim be settled out of court?

Yes, many wrongful death claims are settled out of court. A settlement can provide a faster resolution and avoid the uncertainties of a trial.

How do I determine the value of a wrongful death claim?

The value of a claim is determined by assessing both economic damages, like lost wages and funeral costs, and non-economic damages, such as pain and suffering and loss of companionship.

Can non-family members file a wrongful death lawsuit?

In general, non-family members cannot file a wrongful death lawsuit unless they are the personal representative of the deceased’s estate.

What role does a lawyer play in a wrongful death claim?

A lawyer provides legal representation, gathers evidence, calculates damages, negotiates settlements, and, if necessary, advocates for the family in court.

Additional Resources

If you are seeking legal advice or assistance, consider the following resources:

• The New Mexico Bar Association offers referrals to qualified wrongful death attorneys.
• The Chaves County Courthouse in Roswell can provide guidance on filing procedures and local court rules.
• Support groups and counseling services for those dealing with grief and loss can offer emotional assistance.

Next Steps

If you need legal assistance in a wrongful death case:

1. Contact a qualified wrongful death attorney to discuss your case. Many offer free initial consultations.
2. Gather relevant documents such as the death certificate, medical records, accident reports, and evidence of damages.
3. Consider the emotional readiness of your family to proceed with legal action, as these cases can be emotionally taxing.
4. Be frank about your financial situation; many attorneys work on a contingency fee basis, where they are paid a percentage of the settlement.
5. Stay informed throughout the process and regularly communicate with your legal representative.