Wrongful Death in Truck Accidents
Tractor-trailers are the largest vehicles on the road in New Mexico, and they are capable of inflicting catastrophic damage when accidents happen. Severe injuries and fatalities are possible, and the Insurance Information Institute reported more than 4,100 deaths from large truck crashes in 2017, about 11% of all traffic-related fatalities for that year. If you recently lost a loved one in a truck accident in New Mexico, contact Fine Law Firm today to schedule a free consultation and learn more about your options for legal recourse.
Why Choose Fine Law Firm?
- The attorneys at the Fine Law Firm have more than 40 years of experience representing clients in truck accident lawsuits throughout New Mexico.
- Our firm has maintained a 99% success rate for our clients thanks to superior attention to detail and close communication with our clients for individualized representation.
- Our attorneys have trial experience. We are not afraid to face large trucking companies in a courtroom to fight for our clients’ recovery.
- We offer contingency fee billing to our clients to ensure they can secure legal representation. A contingency fee means we take no legal fees if we lose a case; when we win, we take our fees as a percentage of the case award.
Is an Attorney Necessary?
Some individuals may attempt to act as their own legal counsel. However, this often leads to less compensation than a truck accident lawyer could secure. It also increases the likelihood of a judge throwing out the case due to procedural errors or missed filing deadlines.
A good attorney will help a client navigate the court system and subpoena critical evidence to support the client’s position. Such evidence could include vehicle maintenance records from a trucking company, truck drivers’ logs, police reports, traffic camera data, and internal company documents concerning hiring, employee conduct, and training. Hiring an attorney increases the chance a plaintiff will succeed with his or her truck accident lawsuit, and often leads to more compensation than he or she could have recovered without representation.
New Mexico Wrongful Death Statutes
New Mexico state law sets strict rules for who may file wrongful death claims, the time limits for filing, and the types of compensation available in a successful wrongful death claim. The specific circumstances surrounding a wrongful death will also come into play, such as how long a decedent spent in intensive care following a serious accident before succumbing to his or her injuries.
In New Mexico, a wrongful death claim is essentially a personal injury claim brought on behalf of a plaintiff who died from his or her injuries. New Mexico requires a personal representative of the decedent’s estate to file a wrongful death claim. In most cases, this means the decedent’s surviving spouse, adult child, or another eligible family member specifically named by the deceased in his or her estate. The statute of limitations, or time limit, for filing wrongful death claims in New Mexico is three years, starting on the date of the death in question.
Compensation for a wrongful death typically goes to a deceased individual’s immediate family. If the deceased has a surviving spouse and children or grandchildren, half of the compensation will go to the spouse and the other half will go to the children and grandchildren, divided equally among multiple children. New Mexico’s right of representation laws determine how much goes to each descendant.
Contact Us Today
Suffering the untimely death of a loved one is tragic, but when such a death occurs due to negligence, surviving family members can receive help to navigate their wrongful death lawsuits and hold the responsible parties accountable. Contact Fine Law Firm today to schedule a consultation about your wrongful death truck accident claim in New Mexico.