Albuquerque Wrongful Death Attorney Discusses Wrongful Death Claims Under New Mexico Law

WRONGFUL  DEATH  CLAIMS UNDER NEW MEXICO LAW

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

When you lose a loved one due to an accident caused by the careless actions of another, you want and need answers quickly. The New Mexico wrongful death attorneys at Caruso Law Offices can help you find out why the accident happened and help your family gain closure. 

The challenge of facing life without your loved one combined with funeral costs, loss of wages and support, and medical bills can be too much to handle alone. While no amount of compensation could ever make up for your loss, it’s our goal to help alleviate some of the financial responsibilities related to your loved one’s death, so that you can grieve with your family.

We can help you find out the real reason why your loved one’s death happened, and we can work with you to hold those who caused the death responsible.

How a N.M. Wrongful Death Lawyer Can Help

A wrongful death claim can help provide your family with the financial support needed to cover expenses associated with your loved one’s death. It may be difficult to receive compensation without an experienced New Mexico wrongful death lawyer who can help prove the party responsible for your loved one’s accident. Investigating the fault of all possible individuals and their various levels of insurance coverage can be complex.

Mark Caruso and his staff at Caruso Law Offices have been assisting families like yours in overcoming personal tragedies for more than 31 years. It’s our passion to help take care of your family’s needs during this difficult time.  You’re not alone—call us today at (505) 883-5000 or visit our web site at www.carusolaw.com

WHAT IS A WRONGFUL DEATH CLAIM?

Wrongful death claims are different than other personal injury cases. If you’re filing a wrongful death claim on behalf of your loved one, you’re not only facing outstanding medical bills and treatment costs; you’re dealing with grief, funeral preparations, and the difficulty of facing life without your family member.

In its simplest terms, a wrongful death claim is seeking compensation or money damages from the at fault people and their various insurance companies to pay for the loss of your loved one. Often there are several different layers of insurance that must be looked into before settlement can be made with any one particular insurance company.


 Mark Caruso and his staff at Caruso Law Offices will approach the legal process with compassion and understanding to get your family the legal support it needs. For more than 31 years, our legal team has helped the victims of tragedy receive the compensation necessary to rebuild their lives.

Who Can File a Claim?

Although many family members may be considered beneficiaries—or recipients—of wrongful death damages, only one family representative, who has been appointed by the District Court, can file the claim. We begin our involvement in the claim by talking to all family members who have any interest in becoming the lead person to handle the claim. Once a family decision is made on who this person will be, we file the appropriate court documents in the  court to name this person as  the representative (also known as the Administrator or Executor) of the estate.After the court appointment, we file a wrongful death claim against the at fault person.

Some of the family members who have traditionally been appointed by the Court to act on behalf of your loved one include a spouse, a child, an heir or heiress, a chosen beneficiary or a parent.

One of your duties as a representative of the estate is to hire a law firm to represent the estate. If you’re unsure if you’re eligible to file for wrongful death damages, a Mark Caruso can answer your questions and explain your family’s options.

Types of Damages in NM Wrongful Death Claims

In New Mexico, depending on the details surrounding your family member’s death, you may be able to recover damages for:

• funeral expenses,
• pain and suffering following the trauma causing the death,
• medical expenses resulting from the trauma leading to death,
• lost wages and future lost wages,
• lost benefits and future lost benefits,
• loss of support,
• loss of inheritance,
• loss of your loved one’s medical bills,
• mental anguish suffered by surviving family member                             
• 
  

• Mark Caruso and his staff of attorneys, paralegals, legal assistants, investigators and experts will use every resource possible to recover the full amount of compensation you need. 

We promise to leave no stone unturned in investigating every asset available to your family.

Mark Caruso can meet with you at either of his Albuquerque offices--Northeast Heights or Westside.  Consultations with Mark Caruso are FREE and without obligation.  He can meet you at your home, work, hospital on weekends and after-hours.  We represent wrongful death clients statewide New Mexico and in the Indian Pueblos and Navajo Reservation. Contact us at (505) 883-5000

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NM Wrongful Death Claims

New Mexico Wrongful Death

By:  Mark Caruso, By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

First, let me give you my condolences on the death of your family member.  If the death of your family member was caused by the wrongful act of another person, you may have a wrongful death claim that should be handled by a New Mexico Wrongful Death Lawyer.

A NM wrongful death lawsuit is filed against a person or people who have caused the death of another person. 

The wrongful death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The New Mexico wrongful death lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death. The process begins with the Court appointing a personal representative for the estate of the deceased individual.  Usually this is a relative. The personal representative appointed by the Court is in charge of the entire case and makes all the important decisions as to the direction of the case.

Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. 

Wrongful death can include the following:

• A fatality resulting from any sort of vehicle collision
• Dying during an operation that was botched or after the wrong diagnosis had been made
• Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
• Being killed through the use of a defective product

Purposes of Wrongful Death Claims, and Why You May Need a New Mexico Wrongful Death Lawyer

New Mexico wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.

1. They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. An economist expert is hired by the attorney to review the tax returns and other income documentation to help determine the real loss to the family.  Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
2. Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.

Who is Entitled to a New Mexico Wrongful Death Claim?

The lawsuit is brought before a Court and a juty will ultimately decide, on the basis of the evidence presented by the family and the economist expert hired by the attorney,  whether a lawsuit will be successful. The jury will also make a decision about how much should be paid out to the estate of the deceased individual. This will be based on who the likely heirs will be and what their needs are, now and into the future.

Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.

Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.

New Mexico Wrongful Death Lawyer Mark Caruso  has had 30 years experience handling wrongful death claims.

If you have had a close relative die recently in what you feel was a New Mexico wrongful death, then contact the Caruso Law Offices in Albuquerque, New Mexico at 505-883-5000. After a discussion of the circumstances surrounding the death, our firm will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. At our firm, we have 30 years experience and have successfully won many wrongful death claims for our clients over the years.

Caruso Law Offices provides legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. 

If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us. We will work tirelessly on your behalf to make sure that justice is received.

Please see our website at www.carusolaw.com or contact New Mexico Wrongful Death Lawyer Mark Caruso directly at 505-883-5000.


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New Mexico Car and Truck Accident Lawyer

New Mexico Truck Crash Attorney for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents and Wrecks

 By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM) 

Crashes between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

At the Caruso Law Offices in Albuquerque, New Mexico we have successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.

Have you been injured in an accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help. Attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact us for a no-charge discussion of your case. With 31 years of experience and successful settlements, awards and judgments to back up his reputation, Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com