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Your Comprehensive Guide to NM Personal Injury Claims

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Understanding how NM personal injury claims work ensures you receive fair compensation if you’re ever injured due to someone else’s carelessness or misconduct. Navigating the intricacies of personal injury claims can be daunting without the help of an experienced personal injury attorney who can guide you through the process.

Even if you have a skilled lawyer working on your case, it’s important to understand your rights under New Mexico law to pursue damages.

In this blog, we walk you through the legal principles, the steps to take after an injury, and the process for filing NM personal injury claims in the civil court system. We’ll answer the following questions in this comprehensive guide:

What is a NM personal injury claim?

A personal injury claim refer to the legal process you can use to seek compensation for injuries or harm caused by someone else’s negligence, recklessness, or intentional actions.

Most NM personal injury claims happen after car or truck accidents, medical malpractice cases, slips and falls, workplace accidents, and injuries or death from using a defective product.

To pursue a personal injury claim in New Mexico, you must prove the defendant owed you a duty of care, breached that duty, and caused your injuries as a result.

You can seek compensation that covers medical expenses, lost wages, pain and suffering, and property loss among other damages.

Most people opt to consult with a NM personal injury attorney to ensure their rights are protected and they received the maximum compensation allowable under the law.

A public sidewalk has a huge hole in it where a drain cover used to be. Two blocks sit on either side of the open hole, with an orange safety cone nearby.
Failing to maintain public sidewalks and other access areas can lead to a personal injury claim.

What are the types of personal injury cases in NM?

Personal injury lawyers provide legal services when you’re injured because of another person’s carelessness or deliberate actions. You may experience a temporary or permanent disability that impacts your ability to work or live your life normally.

Most personal injury attorneys handle multiple types of personal injury cases. Others may specialize in one type only. It’s best to choose a lawyer who specializes in your type of personal injury for the best results.

Motor Vehicle Accidents

Claims against at-fault drivers who fail to follow the motor vehicle code are among the most common types of personal injury cases in New Mexico. Unfortunately, our state has earned the distinction of being the worst U.S. state for careless driving. It’s consistently ranked in the top 3 on this list since 2011.

Vehicle accidents can leave you with debilitating injuries. Worse yet, if you’re killed by a careless driver, your surviving family members are left behind. A personal injury attorney can help.

Medical Malpractice

Your health and well-being – and sometimes your life – is on the line every time you entrust your care to a medical professional or healthcare facility. Even treatment for minor injuries can impact your life in unforeseen ways.

Medical errors are the third leading cause of death in the U.S. It’s unclear how many people are living with permanent injuries caused by negligent medical care since many do not publicly disclose their conditions. It’s estimated that as many as 1 in 5 Americans have suffered from medical malpractice.

Premises Liability

Failing to maintain all areas of a property can lead to someone else’s serious injury or death. That’s why the New Mexico courts take premise liability cases seriously. Property owners who ignore issues, hazards, or other dangers that can cause serious accident or injury are guilty of negligence under the law.

Slip and Fall Accidents

Slip and fall accidents are one of the leading causes of accidental injury and death in New Mexico. It’s not just older residents who become victims of this type of personal injury. No one is immune from the risk.

Next to motor vehicle accidents, slip and fall incidents are among the top reasons for NM personal injury claims.

A workers' compensation claim form, with the word "declined" stamped across it.
Sometimes workers’ compensation claims are denied, making it an appropriate time to file a personal injury lawsuit to recover damages.

Workers’ Compensation

Workers’ compensation is a complex category that falls under NM personal injury claims. Workers who are hurt on the job typically don’t sue for civil damages. The workers’ compensation benefits system is expected to meet their needs.

However, sometimes it’s appropriate to bring a third-party liability claim. For instance, a driver hurt making an official delivery for his employer could sue the at-fault driver in addition to collecting workers’ compensation benefits.

Wrongful Death

New Mexico law classifies wrongful death as a type of personal injury claim. Under The Wrongful Death Act, Statute Section 41-2-1, wrongful death is defined as a death that was “caused by the wrongful act, neglect, or default of another.”

In addition to wrongful death lawsuits, at-fault parties also may face criminal charges in New Mexico depending on the circumstances of the incident.

Which laws and statutes apply to personal injury claims in NM?

Like other states, New Mexico has laws and statutes that apply to personal injury claims. These guidelines dictate damage caps, the statute of limitations, and define comparative negligence and joint and several liability.

Statute of Limitations

New Mexico law places a statute of limitations on personal injury claims. This is the legal deadline by which you must file against at-fault parties.

In New Mexico, the statute of limitations is 3 years from the date of the injury or the date when the injury was discovered (or should have been reasonably discovered). Some exceptions and variations exist depending on underlying circumstances.

Working with a NM personal injury attorney is the most effective way to ensure you don’t miss critical deadlines.

Comparative Negligence

Comparative negligence is the legal principle that applies to all personal injury cases in New Mexico. It’s used to determine the degree of fault and allocating responsibility for an accident between the parties involved.

The court evaluates the actions and behaviors of all parties and determines the percentage of fault attributed to each.

In New Mexico, a “pure comparative negligence” doctrine applies. So, even if you’re partially responsible for your injuries, you can still recover damages from the other party.

Joint and Several Liability

Joint and several liability determines how responsibility and liability for damages are allocated among multiple defendants. Each defendant in your case is held individually responsible for the entire amount of damages awarded, regardless of their degree of fault.

This provision of the law allows you to seek full compensation from any or all of the defendants, regardless of their ability to pay. Certain limitations and exceptions apply under the New Mexico Comparative Fault Act.

A man with a green cast on his foot lays on a couch with a crutch next to him.
Seek immediate medical attention to document your injuries.

What steps should you take after sustaining a personal injury?

If you sustain a personal injury, it’s essential to take certain steps to protect your well-being, preserve evidence, and ensure your legal rights are protected. The following are some of the most crucial aspects of safeguarding your potential NM personal injury claims.

  • Seek medical attention as soon as possible. Medical professionals can document your injuries (and their cause). These records are helpful for proving your case later.
  • Report the incident. If you were injured on the job, report it to your supervisor to comply with workers’ compensation laws. If the injury happened outside of work, report it to the proper authorities. For instance, you’d call the local police about an automobile accident.
  • Gather evidence. Get photos of the accident scene, including hazardous conditions and damage to your property when applicable. Gather contact information for any witnesses.
  • Preserve documents. Keep track of all documents related to your injury and any treatment related to it. Medical records, hospital bills, diagnostic reports, prescriptions, and receipts for out-of-pocket expenses are all recoverable under NM personal injury claims.
  • Consult with a personal injury attorney. You may want to take this step as soon as possible. Your attorney can ensure you gather all the evidence you need and keep at-fault parties from pressuring you into accepting an unfair settlement.

Every personal injury case is unique. You may require additional steps based on your specific situation, which is why consulting with an attorney is advisable.

A client and attorney sit at a desk to discuss a case. A gavel appears in the corner of the desk, along with legal papers in a blue folder.
A personal injury attorney can help you prove your case and collect fair compensation for your injuries.

How do you file a NM personal injury claim?

Specific steps are involved in filing NM personal injury claims. You must make sure you’re following the laws and statutes outlining how such cases are handled within the state to boost your chances of a positive outcome.

Consulting with an attorney is the first crucial step in the process. Most personal injury attorneys offer a free consultation to review and discuss your case before you decide whether you want to proceed.

If you decide to file your claim after speaking with an attorney, you can expect the process to go as follows:

  • Investigation and gathering phase involves interviewing witnesses, reviewing medical records, and assessing the extent of damages.
  • Demand letter and negotiations phase follows the evidence gathering. Your attorney drafts a letter of demand to the responsible party or their insurance company outlining your injuries and the compensation you’re seeking. Negotiations for a settlement can occur.
  • Filing a lawsuit may happen if the at-fault party or their insurance company is unwilling to settle or offers unfair compensation as part of a settlement offer.
  • Discovery phase is the stage of the lawsuit where both parties exchange information and evidence and conduct depositions of potential witnesses.
  • Pre-trial proceedings can include motions, conferences, and additional negotiations between parties. Sometimes the court encourages a settlement during this phase.
  • Trial begins if a settlement isn’t reached. Both sides present their arguments and supporting evidence to determine liability and damages.

Make sure you follow your attorney’s guidance throughout the entire process to improve your chances of success.

How do you determine liability and damages?

It’s your attorney’s job to determine liability and damages for your case. They do this by carefully reviewing the facts, evidence, and applicable laws before making recommendations about your NM personal injury claims.

Some of the steps they may take as part of the process include:

  • Establishing the defendant owed a duty of care, breached that duty, and the breach caused your injuries.
  • Gathering relevant evidence to support your case, including medical records and witness statements.
  • Conducting a comparative fault assessment to determine if you have any fault in your injuries to accurately attribute liability.
  • Compiling a list of economic, non-economic, and punitive damages to determine the total scope of damages for the claim.

Using these and other methods, personal injury attorneys are skilled in conducting a comprehensive analysis of the relevant facts of your case to determine liability and damages.

A woman holds a tablet in her hands that has a digital version of medical records displayed.
Gathering your medical records and other relevant documentation is one way you can work well with your personal injury attorney on your case.

What are some tips for working with personal injury attorneys?

You are an integral part of the success – or failure – of your NM personal injury claim. Your willingness to work with your personal injury attorney ensures your rights are protected. Some of the things you can do to improve your chances of a successful outcome include:

  • Following your attorney’s advice. It’s OK to have questions or even disagree with an approach. However, keep in mind your attorney has your best interests in mind and knows the complexities of filing NM personal injury claims.
  • Keep all records and documentation. Medical bills, accident reports, correspondence, and other relevant documents help prove your case. Keep them well-organized and accessible for your attorney.
  • Be responsive and timely. Failing to meet required deadlines can prove detrimental to your case. If your attorney requests information, provide them by the deadline to ensure the best results.
  • Maintain realistic expectations. Personal injury cases are complex with many moving parts. It can take time to get through the process and address any challenges to your claim. Be patient and trust the process.

Do all NM personal injury claims go to trial?

No. Most personal injury attorneys do their best to settle NM personal injury claims out of court because it’s better for their clients. It’s emotional and stressful to recount accidents and incidents that caused your injuries in the courtroom. It also takes a lot of time to go through a trial, which may mean more missed work and lost income.

Settling your case is usually in the best interests of everyone involved. Sometimes trial judges encourage settlement before scheduling a court date if the two parties haven’t yet reached one.

Navigating the NM personal injury claims process

Navigating the NM personal injury claims process can be frustrating for the uninitiated. You don’t have to go it alone. Reach out to the experienced personal injury lawyers at Cameron & Russell to schedule your hassle-free consultation today.

Driverless Trucks Increase the Risk of Crashes

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Driverless trucks are part of the push toward automation in the United States. With the truck driver shortage continuing, some companies have developed autonomous trucks that can handle the task without a human behind the wheel. While most people are familiar with other kinds of self-driving vehicles, many may be uncomfortable with the idea of an 80,000 pound fully loaded tractor trailer driving itself.

Yet, in the U.S., it’s estimated that 90 percent of all long-haul trucking may soon be done without drivers.  One company, TuSimple, already has an autonomous truck performing depot-to-depot runs in Arizona and Texas. The San Diego-based company said it plans to use driverless trucks to improve safety and efficiency in the trucking industry.

How safe are you on the roadways with self-driving trucks? Considering self-driving cars caused nearly 400 crashes in less than a year in the U.S., it’s understandable that you might be concerned about autonomous trucks.

Drivers who are injured because of autonomous trucking technology have rights. You can speak with a personal injury attorney in Albuquerque, who can help you receive fair compensation for your injuries and property damage.

Driverless trucks are on the nation’s highways, increasing the risk of truck crashes.

How safe are autonomous trucks?

The answer to this question is still relatively unknown, as most companies pursuing the technology are still testing their autonomous trucks. During the testing phase, a human driver is behind the wheel, ready to take over if there is an issue with the automated system.

Torq Robotics, an autonomous vehicle company in Albuquerque, said that its goal is to reduce trucking accidents by eliminating the human error component. The company has an advisory council that oversees working relationships with fleets and logistics suppliers.

At the moment, self-driving trucks and their testing are limited to the Sun Belt states because the technology doesn’t perform well in bad weather like snowstorms and fog.

What are the risks to other drivers?

Tech companies working to develop and market autonomous trucks claim they have many benefits. What are the risks to other drivers?  One of the biggest downfalls is software failure. Driverless trucks are controlled by complicated software programs designed to replace a human behind the wheel. If that software fails, the truck can malfunction, losing the ability to brake or steer.

Another potential risk is autonomous vehicles can be susceptible to hacking. Cyberattacks could focus on the truck’s software, which controls the navigation system. If an unauthorized person gained control of the program running the truck, they could disable it or cause disruptions that compromise the safety of everyone and everything in the truck’s path.

Lastly, another danger of autonomous trucks is the artificial intelligence that runs them lacks the ability to predict human error on the roadways. So, while a human truck driver might anticipate the car in front of him not using a turn signal correctly, a driverless truck might misinterpret the signs, causing a rear-end collision.

Traumatic Brain Injury (TBI) is one of the most serious kinds of injuries autonomous trucks can cause if you’re involved in a crash with one.

What kinds of injuries can autonomous trucks cause?

Driverless trucks can cause the same kinds of injuries to other drivers as those experienced when a truck crash happens when a human is in the truck’s cab. Due to the size and weight of most tractor trailers, they can cause significant bodily harm and damage to your property.

The most serious physical injuries you can suffer include brain and head injuries which can leave you permanently disabled or, in a worst-case scenario, dead. Traumatic brain injuries (TBI) physically damage the brain. You can suffer from headaches, memory and mood problems, and sleep disturbances after suffering a brain injury.

Some other devastating physical injuries from truck accidents include:

  • Back and neck trauma that can lead to whiplash, bulging discs, and other painful injuries.
  • Broken bones that can cause lifelong pain and suffering.
  • Burns that can be challenging to treat or require plastic surgery.
  • Lacerations and puncture wounds to the face or body that can cause disfigurement.
  • Spinal cord injuries that can leave you with paraplegia or quadriplegia.

It’s not uncommon for wrongful death lawsuits to happen after accidents with trucks. If you or someone you love dies because of a malfunctioning autonomous truck, there is legal recourse.

Can you sue a driverless trucking company?

As with any kind of personal injury because of someone else’s negligence or carelessness, you can sue a driverless trucking company if you’re involved in a serious crash with one of their trucks. The knowledgeable personal injury attorneys at Cameron & Russell understand the devastation that trucking accidents can cause. They’re here to help you receive fair compensation for your injuries.

You can request a free consultation to discuss your case by calling 505-218-7844 or requesting a free consultation online.

The Grinch Who Sued on Christmas

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There is nothing quite like getting sued on Christmas to make your holidays cheery. Worse yet, ending up in a jail cell can really ruin your festive mood. From slips and falls and food poisoning to drunken driving vehicle accidents, the list of reasons you might get slapped with a personal injury lawsuit is longer than Santa’s naughty or nice list. The period between Christmas and New Year’s can be especially dangerous, with more vehicle accidents occurring because of the increased traffic on the roadways. Here are some of the most common reasons people get injured during the holidays and the steps you can take to reduce the risk.

Slips, trips, and falls

Broken bones, back and spinal cord injuries, and head trauma are among the nasty injuries that can happen when someone slips, trips, or falls on your property. Icy or snow-covered walkways on your premises is a disaster waiting to happen. They are among the most common reasons people get hurt in others’ property. Even when the weather outside is frightful, if you have guests coming to your home for the holidays, clearing the walk and exterior stairs and keeping them salted must be a priority. Walkways and exterior stairs are not the only areas in your home that can cause your guests to trip and fall. Loose carpeting, uneven flooring, and clutter in common areas can all wreak havoc on unsuspecting guests. Make repairs and declutter your home before inviting people over.

Food poisoning

Enjoying a holiday feast with family and friends is a top priority for many during the holidays. Whether you are cooking or having your meal catered, preventing food poisoning must be in the forefront of your mind. Following these tips from the U.S. Centers for Disease Control and Prevention (CDC) can help prevent food poisoning and other foodborne illness.

  • Cook food thoroughly. Meat, seafood, and eggs carry germs that cause food poisoning when not cooked to a safe internal temperature. Use a food thermometer to check before serving these foods.
  • Keep foods separated. Meat, seafood, and eggs must be kept separate from all other foods. Raw meat juices never should leak onto other foods, so it is important to keep them in sealed containers. Store eggs in their original carton in the refrigerator to prevent cross-contamination.
  • Maintain proper temperature. Once food is prepared, keep hot foods hot and cold foods cold. Avoid the danger zone – between 40- and 140-degrees Fahrenheit – when serving food. Refrigerate or freeze any perishable food items within two hours of preparation. Make sure your refrigerator temperature is set at or below 40 degrees F and the freezer is at 0 degrees F or below.
  • Wash your hands. When working with food – especially raw meat and eggs – you must wash your hands to avoid cross contaminating other food items or surfaces in your home.
Choosing to serve alcohol to your guests can backfire if they cause a DUI traffic crash that causes serious injuries or fatalities.

Serve alcohol responsibly

Winter driving brings many hazards with it. Jackknifed tractor trailers, poor visibility, and slippery roads can all lead to vehicle accidents. Fatal drunken driving crashes always are a persistent holiday threat. According to statistics from the National Highway Traffic Safety Administration (NHTSA), Christmas is no exception. The NHTSA recorded 667 fatal holiday crashes on average each year in a report analyzing DUI crashes between 2010 and 2018. DUI-related accidents accounted for 8 percent of total fatalities during the holidays.

While holiday hosts do not bear responsibility for other people’s poor choices, they can be held liable for serving alcohol at a gathering to a guest who later causes a DUI fatality or crash resulting in serious injuries. If you choose to provide alcoholic beverages to your guests, be prepared to take car keys and call a taxi or Uber, or have the person stay over until they sober up.

Maintain control of your pets

We love our furry family members but must be mindful that not everyone we invite into our homes will share our opinion. Liability claims from dog bites and other dog-related injuries alone cost homeowners insurers $854 million in 2020. Even the most well-mannered pet can become anxious and aggressive under the right circumstances. Noise and confusion combined with strangers in their home can be enough to push some pets over the edge. Homeowners must take appropriate steps to ensure their guests do not end up injured by their pets. If negligent of this duty, you can find yourself on the receiving end of a personal injury lawsuit. Sometimes claimants sue for more than your homeowner’s insurance policy will agree to pay, which can leave you on the hook for the balance.

Have a quiet area set up for your pets so they can retreat from the noise and confusion that accompanies most holiday celebrations. Make sure they have food, water, and a comfortable bed in their calm space so they can relax. Tossing a few favorite toys in the area with them can entertain and soothe them. If your pet is especially anxious being separated from you, place an item of your clothing in the room with them. Check on your pet and reassure them from time to time as well.

Avoid getting sued on Christmas

Sometimes the holidays result in a fa-la-la-la-lawsuit. Getting sued on Christmas can happen when you do not take proper precautions before inviting guests onto your property. Even when you take every measure you can think of accidents still sometimes happen. If you have been injured during a holiday celebration due to someone else’s carelessness, you have a right to seek fair compensation for your injuries. The personal injury experts at Cameron & Russell can help. Give us a call at 505-218-7844 or contact us online to schedule your free case evaluation.

How to Avoid a Thanksgiving Lawsuit

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Turkey? Check! Stuffing? Check! Pumpkin pie? Check! Lawsuit? Say what, now? That is not on the menu.

No one ever thinks about getting sued when they are busy preparing a tasty turkey feast for their friends and family. Yet, the risk is very real for hosts when they invite other people into their homes. From drunken driving accidents to choking on turkey bones, there is a host of things that can go wrong at holiday celebrations. Not to rain on your Thanksgiving-day parade, but hosts must consider the following steps to protect themselves against personal injury or wrongful death lawsuits during the holiday.

Preparing food for others

Whether you prepare the food yourself or order your holiday feast from a restaurant or caterer, there always is a risk for food poisoning claims from guests. Make sure all food you plan to serve is neither contaminated nor spoiled. Turkey should be heated to an internal temperature of 165 degrees Fahrenheit before it is safe to consume. If you prepare your turkey the day before, make sure you refrigerate it as soon as it cools to prevent spoiling. Follow proper food handling and storage protocol for all prepared foods. When in doubt about the safety of something, it is better to toss it out than risk making your guests ill.

Spoiled food is not the only mishap that can occur on Turkey Day. Choking always is a risk any time your guests consume foods, especially those like turkey that have bones. Be sure you or someone else in your home know how to perform the Heimlich Maneuver just in case.

Avoiding cuts, scrapes, and burns

Speaking of the kitchen, Thanksgiving gatherings center around preparing and enjoying food together. Keeping your guests out of the kitchen is the best way to avoid the kinds of cuts, scrapes, and burns that come with preparing food. If it is not possible to do so, then here are a few things you can do to protect them from injury and you from the liability:

  • Avoid wearing long-sleeved or loose-fitting clothing while cooking to avoid getting caught on appliances and other meal-preparation tools.
  • Limit the number of people allowed in the kitchen at the same time.
  • Keep flammable items away from hot surfaces.
  • Never fry a turkey indoors. Only use a turkey fryer outside to avoid fires and burns.
  • Turn pot and pan handles inward on the stovetop when in use.

Make sure you have a first aid kit on hand and well stocked in case any of your guests get injured. Band aids, gauze, medical tape, and tourniquets are some of the items to include in the kit.

Alcohol-related accidents and incidents

Some holiday hosts avoid serving alcohol in their homes because they do not want to assume the responsibility that comes with making sure their guests do not drink and drive. According to one report, New Mexico has the third-highest number of alcohol-related motor vehicle fatalities during the Thanksgiving holiday.

Driving while under the influence is not the only risk when serving alcohol at your Thanksgiving dinner. Guests who become drunk and belligerent may cause injury to others in your home. It is best to either limit the amount of alcohol served or forgo it entirely.

Slip-and-fall injuries

Slip-and-fall injuries are a concern for property owners any time of the year, but especially during the holidays, when more people may be visiting. Before your guests arrive, make sure to repair any uneven flooring or sidewalk surfaces and ensure there is adequate lighting for all spaces where guests might move about. Keep floors, sidewalks, and stairways dry and clear of debris to reduce slips and falls. Uncluttering is another excellent way to avoid someone getting injured while on your property. Make sure there is ample room to move in any spaces where guests will gather.

Know what to do if you suffer injuries

Thanksgiving hosts, it pays to know what you can be held liable for before you agree to bring guests into your home this holiday season. If you are a guest in someone’s home during the Thanksgiving holiday and you suffer a serious injury because of the host or another guest’s careless behavior, you have rights. Contact an attorney skilled in personal injury law to schedule a free consultation to review your case.

Stay safe, everyone, and have a Happy Thanksgiving!

How a Wrongful Death Lawsuit Works

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No one likes to think about what they would do if a loved one was taken from them because of another person’s reckless or negligent behavior. Wrongful death lawsuits exist to help families of victims recover fair compensation for damages. Survivors have the right to recover damages for:

  • Emotional suffering.
  • Funeral expenses.
  • Loss of companionship.
  • Lost wages and financial support.
  • Medical bills.

A wrongful death lawsuit cannot bring back your loved one, but it can ensure survivors are not left financially distressed because of someone else’s carelessness.

There are several steps involved in filing a wrongful death lawsuit in New Mexico. When followed, these steps help secure the deceased person’s estate and provide fair compensation to surviving family members. An experienced wrongful death attorney can lead you through each of these steps, settling out of court when possible, or fighting for your rights in a court of law if necessary.

Step 1: Determine whether negligence occurred

The first step any seasoned wrongful death lawsuit attorney will take is to determine whether negligence occurred. Your lawyer will review all aspects of the case, including collecting evidence from the scene of the accident and talking with witnesses. For accidents that included a police investigation, your attorney may request copies of all documents and reports related to the incident. Sometimes police investigators posit blame, especially if the death happened during a motor vehicle accident. If your attorney has enough evidence to determine negligence, he or she will then proceed to step 2, which is to gather evidence to support your case.

Step 2: Gather evidence

Gathering evidence to support a wrongful death lawsuit is critical to the success of the case. Experienced attorneys look for documents that can prove what happened, who was liable, and damages suffered by the victims. Here are some of the types of evidence your attorney will seek:

  • Death certificate. A certified record of the victim’s cause of death, this document can support claims about how your loved one died. The New Mexico Department of Health’s Vital Records office issues death certificates on request.
  • Medical records. A victim’s official health records can indicate their cause of death and treatment received for any injuries sustained because of someone else’s negligence. In cases of medical malpractice, a victim’s medical records are a step-by-step guide to their prior health, plus any treatments medical professionals used that may have contributed to their death. Medical records include, but are not limited to, consultation records, evaluations, healthcare team notes, prescription medication, and medical treatments.
  • Pay stubs and tax returns. Financial accounting is important for determining damages for surviving spouses and children. If the victim was the primary wage earner for the household, this documentation is evidence of the amount of compensation owed to survivors.
  • Physical evidence. Anything from the accident scene that supports a claim of negligence is considered physical evidence in a wrongful death lawsuit.
  • Police and autopsy reports. When police are called to an accident scene, they must produce an official report detailing their investigation. Their findings can support wrongful death claims by establishing negligence and providing a clear narrative of the events. Police reports also list witnesses. Your attorney can use that information to find potential witnesses for a lawsuit. An autopsy, like a death certificate, lists the victim’s official cause of death.
  • Witness statements. Witnesses help present a clear picture of the events leading up to the victim’s death. They also may be valuable in providing witness testimony in court should your case go to trial.

Step 3: File a summons ad service of process

Once your attorney has gathered all the evidence needed to support a wrongful death lawsuit claim, the next step is to file a summons. The purpose of a summons is to notify the defendant of your intent to sue for wrongful death. A summons also provides details about where and when the legal proceedings will be held.

After the summons is issued, a service of process happens next. This step essentially puts the defendant and their legal counsel on notice that you are preceding with a lawsuit against them.  

Step 4: Negotiate a settlement

When possible, wrongful death attorneys prefer to negotiate a settlement for their clients. Trials can be long and emotionally taxing for survivors of the victim. If your attorney has compiled a strong enough case against the defendant, it increases the chances of settling before court proceedings begin. It is in the best interest of the defendant to avoid a lengthy, public trial. In cases where the defendant is a company or other business entity, settlements appeal to their legal counsel to avoid dragging their clients’ names through the mud during a public hearing.

Even if you do not settle by your court date, it is not too late to reach an agreement. Sometimes defending parties wait until a trial starts to weigh their chances. If their legal counsel does not feel like the case is going in their favor, they may suggest a settlement before a jury or judge can rule on the case.

Choosing a wrongful death attorney

Bill Russell goes to bat for families of victims killed because of someone else’s negligence. He has represented injured people and their families for years throughout Mexico. He has the experience and the compassion necessary to help bring a successful outcome to any wrongful death lawsuit. Call 505-218-7844 or contact us online to schedule your free consultation.