The grief over the loss of a family member can be intensified if the negligence of another party caused their death. While pursuing your legal rights will not take away your pain, it can give you a sense of justice and help you go forward in your life without your loved one.
You would need to file a wrongful death claim in order to hold the negligent individual, business, or other party accountable. Before you settle your case, you need to understand the types of compensation you can recover under New Mexico law so you are not taken advantage of by the insurance company.
Types of Compensation You Should Receive in a Wrongful Death Case
Victims can die from their injuries in many types of personal injury accidents, such as car, motorcycle, and premises liability accidents. If you are a surviving family member entitled to compensation under our state's laws, you may be able to obtain these types of damages:
- Funeral and burial expenses. You are entitled to be compensated for the reasonable funeral and burial costs you incur.
- Medical expenses. If your loved one survived the accident but later died due to their injuries, you can be reimbursed for their medical expenses to treat their injuries. Because their injuries would have been life-threatening, the cost of their medical care could have been substantial.
- Loss of companionship. You may be entitled to compensation for the loss of the love, guidance, and support of your loved one. If you are the victim's spouse, you could also recover loss of consortium, which is the loss of the sexual relationship with your partner.
- Pain and suffering. You can be compensated for your family member's pain and suffering due to their injuries.
- Mental anguish. Your grief over your loss could cause you to suffer depression, anxiety, anger, other mental health problems, and reduced quality of life. You can obtain damages for the mental anguish you experience.
- Financial support. If your loved one contributed financially to your household, you can receive the income you lost and will lose in the future due to their death.
- Inheritance. You are also entitled to damages for the loss of the inheritance you would have received if your family member had lived.
How to Obtain the Maximum Recovery in Your Settlement
It can be complicated to determine what damages you should receive in a wrongful death case. You need the assistance of an experienced personal injury attorney to accurately value your claim and go up against the insurance company so that you are fully compensated. To learn how we can help you, call our Roswell office or fill out our online form to schedule your free case evaluation today.