Secure Justice and Compensation with Albuquerque Wrongful Death Lawyers
Losing a loved one unexpectedly is painful enough without having to deal with complex legal and financial issues. The experienced wrongful death attorneys at Cesar Ornelas Injury Law provide compassionate guidance and tenacious representation to help clients secure the maximum compensation and justice they deserve.
What is a Wrongful Death Claim?
A wrongful death claim seeks compensation for survivors when a person is killed due to the negligent or intentional actions of another party. Legally, the claim is filed by the appointed personal representative of the deceased person’s estate on behalf of beneficiaries like surviving spouses, children, or parents suffering from the loss.
Wrongful death claims hold the liable party legally responsible for damages related to:
- Funeral and burial expenses
- Loss of financial support, benefits, or inheritance
- Loss of companionship, guidance, and nurturing
- Emotional suffering and grief
- Pre-death pain and suffering of the deceased
- Punitive damages in cases of gross negligence or intent
Securing experienced legal counsel is critical in wrongful death cases. The liable parties and insurance companies rarely provide full voluntary restitution without experienced attorneys fighting for client rights.
Alarming Albuquerque Wrongful Death Statistics
While no statistics can fully capture the enormity of losing a loved one unexpectedly, looking at Albuquerque wrongful death data can help spotlight some of the risks we face on a daily basis. Understanding leading causes can potentially help drive positive change through heightened awareness and accountability.
Some alarming Albuquerque metro area wrongful death statistics according to public data sources include:
- Over 8,000 total injury deaths from 2010-2019, averaging around 800 per year
- Vehicle crashes accounted for over 1,900 deaths from 2016-2020, more than any other cause
- Pedestrian fatalities have increased 45% over the past decade despite overall traffic deaths declining
- Bicycle riders face risks – 13 killed in crashes in 2021
- Drunk drivers involved in over 800 fatal crashes from 2009-2018
- Drug overdoses killed 1,375 people from 2015-2019 as the opioid crisis continues
- Fatal falls at construction sites and other premises totaled over 250 during the past decade
While government and community organizations work to improve safety and prevent needless deaths, securing experienced legal counsel remains critical for families who lose loved ones due to the negligence or misconduct of others. The wrongful death attorneys at Cesar Ornelas Injury Law have decades of experience recovering fair compensation for families facing these tragic situations. We encourage you to contact us for a free consultation if you or your family has been impacted by a wrongful death.
Why Choose Cesar Ornelas Injury Law for Wrongful Death Cases?
Cesar Ornelas Injury Law’s bilingual wrongful death attorneys have the expertise, resources, and reputation to build strong cases against well-funded defendants. Our credentials include:
- Decades of wrongful death litigation experience locally and statewide
- Record of recovering millions for clients in injury and death cases
- Recognition as Super Lawyers and Top 100 Trial Lawyers
- Proven negotiation skills to reach beneficial settlements
- Willingness to take cases to trial when needed
- Dedication to compassionately guiding clients through the legal process
At Cesar Ornelas Injury Law, we treat each wrongful death case like a personal mission. Our attorneys take the time to understand each unique situation, building customized legal strategies while providing caring support.
Our Wrongful Death Practice Areas
Though no amount of money can replace your loved one, financial compensation can provide stability during difficult times. Our Albuquerque wrongful death lawyers have experience pursuing claims related to:
- Drunk or impaired driving
- Distracted driving due to cell phone use
- Aggressive or reckless driving
- Speeding or traffic violations
- Commercial trucking or motorcycle accidents
- Defective auto components leading to crashes
- Slip/trip-and-fall accidents
- Inadequate security against violence
- Poor property maintenance causing injury/death
- Insufficient fencing around pools or hazards
- Toxic exposure due to negligence
- Defective vehicle parts like airbags, seatbelts, tires
- Dangerous children’s toys or baby products
- Flawed medical devices or drugs
- Malfunctioning tools, appliances or machinery
- Surgical errors and anesthesia mistakes
- Misdiagnosis or delayed diagnosis
- Medication errors and pharmacy mistakes
- Birth-related injuries to mother or child
- Nursing home abuse or neglect
- Falls from heights on construction sites
- Trench collapses orEquipment-related accidents
- Confined space accidents
- Exposure to dangerous chemicals/toxins
- Workplace violence
The Wrongful Death Litigation Process
The experienced wrongful death attorneys at Cesar Ornelas Injury Law guide clients compassionately through the complex litigation process to help them secure justice and compensation. Though every case is unique, the general wrongful death litigation timeline is:
- Initial Consultation: Our attorneys meet with the deceased’s family to investigate the accident, determine viable legal claims, and assess the value of damages. There is no fee for this initial consultation.
- Pre-trial Investigation: We thoroughly gather evidence through methods like accident reconstruction, site investigation, product analysis, subpoenas of documents, and deposition of witnesses.
- Settlement Negotiations: Prior to trial, we negotiate aggressively with insurance companies and defense counsel to reach a fair settlement avoiding lengthy litigation. Over 90% of our cases settle out of court.
- Trial Preparation: For cases that do not settle, we diligently prepare for trial. This includes developing legal strategy, identifying expert witnesses, creating persuasive arguments and exhibits, and preparing clients and witnesses for testimony.
- Trial: During the trial, our attorneys present compelling evidence before a judge or jury making a case for our client’s claim. We effectively counter defense arguments while emphasizing the negligence or liability of the defendant.
- Post-trial Motions: We handle all required filings and motions following the trial to secure the jury verdict or settlement amount for our clients.
At every stage, our focus remains on helping clients recover damages to lead more stable lives after their loss. We know money can never replace loved ones, but it can relieve some financial burdens during an extraordinarily difficult time.
Why Choose Cesar Ornelas Injury Law for Your Wrongful Death Case?
Losing a loved one unexpectedly is a devastating experience. The accomplished Albuquerque wrongful death attorneys at Cesar Ornelas Injury Law are here to help you secure the compensation and justice you deserve after fatal accidents due to negligence of others. Contact us today for a free consultation
Frequently Asked Questions About Wrongful Death Claims
Dealing with a wrongful death can leave you with many questions about your legal options and the claims process. Here are answers to some of the questions we commonly hear from clients:
Who can file a wrongful death lawsuit in New Mexico?
The personal representative or executor of the deceased person’s estate is legally authorized to file a wrongful death suit on behalf of the surviving family members. An experienced attorney can advise you on petitioning the court to be appointed as the personal representative if needed.
What damages can be claimed in a New Mexico wrongful death suit?
Possible damages include funeral and burial costs, loss of financial support and benefits, loss of guidance/nurturing, emotional grief and suffering, pre-death pain of the deceased, and punitive damages in cases of gross negligence or intent.
What is the statute of limitations for wrongful death claims in NM?
New Mexico has a two-year statute of limitations for wrongful death claims, meaning you must take legal action within two years of the date of death. There are limited exceptions, so don’t delay in consulting an attorney.
Can I pursue a wrongful death claim even if the police report blames my loved one?
Yes, insurance companies and police reports often wrongly assign blame or share blame across multiple parties. An experienced attorney will conduct an independent investigation to determine true culpability through accident reconstruction, witness interviews, subpoenas and more.
What if multiple parties are responsible for the wrongful death?
New Mexico allows you to pursue multiple liable parties through the legal doctrine of joint and several liability. This allows the court to apportion percentages of fault and responsibility for damages to each defendant.
What types of evidence are important in a wrongful death case?
Critical evidence can include accident reports, medical records, employment records showing lost income, invoices and receipts for funeral costs, scene photos, video surveillance footage, and expert witness analysis and testimony.
How long does a wrongful death lawsuit take in New Mexico?
Most cases resolve through negotiated settlements within 1-2 years. If a trial is required, the process may take 2+ years depending on court schedules and procedural motions. We seek swift resolution but are prepared to go the distance for maximum compensation.
What are the legal costs involved in a wrongful death case?
Our firm works on a contingency fee basis, meaning no upfront fees and legal costs are taken from settlement/award amounts. If no recovery is obtained for our client, we do not receive attorney fees.
How can a lawyer help me after losing a loved one?
A lawyer can handle the legal process and paperwork burdens while you grieve. We investigate fault, estimate damages, negotiate claims, and relentlessly pursue fair compensation through trial if required. Importantly, we also provide compassionate counsel during the difficult grieving process.
Please call Cesar Ornelas Injury Law for personalized answers to your wrongful death questions. We offer FREE CONSULTATIONS. Contact our Albuquerque Wrongful Death Lawyers. Available 24/7 No Fee Unless We Win!