Tuesday, March 26, 2013

New Mexico Wrongful Death Lawyer


New Mexico Wrongful Death Lawyer Mark Caruso Has Proven Results to Get You The Money You Deserve From The Wrongful Death of Your Family Member

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

31 Years Experience in NM Wrongful Death Claims.  Statewide Representation

Call Mark Caruso Today at 505-883-5000 for a Free Consultation

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.