Ready to Fight For You and Your Family.
We keep our Practice focused on our clients and their families to work towards the best possible outcome
The loss of a loved one is a void that cannot be filled. No amount of money can bring them back.
At Tawney, Acosta & Chaparro P.C., we understand how tragic it is to lose a loved one so suddenly.
That’s why we help clients move forward from their loss and fight for the justice they deserve.
Don’t worry about taking on the insurance companies on your own. The personal injury team at Tawney, Acosta & Chaparro P.C. has the experience, knowledge, and skill to fight on your behalf. We’re serious about getting you the compensation you deserve.
We Want to Hear Your Story – and We Want to Help
What Is Considered Wrongful Death?
According to NMS § 41-2-1, wrongful death is any fatality “caused by the wrongful act, neglect, or default of another.”
Several situations may result in wrongful death, but auto accidents are one of the most common. A wrongful death may also occur in slip and falls, workplace incidents, and even cases involving defective products.
Ultimately, the primary factor defining wrongful death is that the deceased victim cannot pursue damages for a negligent act perpetrated against them.
In this case, a representative of the deceased may seek damages for the decedent’s family instead.
Who May File a Wrongful Death Suit in New Mexico?
In New Mexico, only the personal representative of the deceased person may file a wrongful death suit.
Typically, this is a person named executor in the decedent’s will. However, if there isn’t a will, the representative may be an immediate family member, such as a spouse, child, parent, or sibling.
Proceeds from the claim are distributed to the decedent’s family as follows:
- The spouse may receive all damages if there are no children;
- Children or grandchildren may split half of the damages if there is a spouse or split all of the damages if there’s no spouse;
- Parents may obtain equally split damages if the deceased person was childless, unmarried, or a minor; and
- Siblings may receive compensation if there is no surviving parent, spouse, child, or grandchild of the deceased person.
This process becomes more complex the more family members there are. For this reason, it’s important to reach out to an Albuquerque wrongful death lawyer.
They can help walk you through any estate planning documents that may exist and outline your best course of action.
Statute of Limitations for Wrongful Death Cases in New Mexico
Much like other claims, wrongful death cases have a statute of limitations. This is essentially a plaintiff’s time limit for filing a lawsuit.
Under NMS § 41-2-2, the personal representative of the deceased has three years from the date of death to bring an action.
While this may seem like ample time, it’s essential that the representative keeps track of the statute of limitations. If you try to bring a lawsuit after the time limit expires, you lose your right to file.
This is why we encourage you to speak with an Albuquerque wrongful death attorney about your case sooner rather than later.
Potential Damages
The damages available in a wrongful death claim aren’t exactly the same as in other personal injury cases. This is because much of the damage is intangible.
While it’s not possible to put a true price on the loss of a loved one, New Mexico allows families to seek both economic and non-economic damages.
Speak to a Experienced Wrongful Death Attorney in Albuquerque Today
We offer only aggressive, competent representation for our clients.
Economic Damages
Economic damages are any of the financial losses that occur due to the death of a loved one. Sometimes, many of these losses involve a long-term impact on the surviving family member(s).
For example, if your loved one provided benefits from their job, such as health insurance or retirement accounts, this must be considered.
In addition, these damages may include:
- Funeral and burial arrangements;
- Medical expenses incurred before death;
- Lost wages or benefits the deceased would have earned if they lived;
- Regular financial contributions to the household made by the deceased person before death; and
- Property damage sustained by the deceased before death (e.g., car accident vehicle damage).
However, these damages only address some of the devastating aspects of losing a loved one. The connections we make with them and the comfort they bring all have a tremendous impact on our lives. That’s where non-economic damages come in.
Non-Economic Damages
Instead of providing compensation for financial losses, non-economic damages focus on less tangible emotional losses of surviving family members.
This includes things like:
- Mental anguish;
- Loss of consortium for a spouse;
- Loss of companionship; and
- Loss of guidance and counseling.
These losses are often more damaging to surviving family members than economic damages, especially those who had a close relationship with the deceased.
Parents may lose a child they cherished, spouses may lose a supportive and loving partner, and children may grow up without their parent’s guidance.
Each loss is significant, which is why we recommend speaking to a compassionate Albuquerque wrongful death attorney.
Our Albuquerque Wrongful Death Lawyers Are Here for You
At Tawney, Acosta & Chaparro P.C., we understand how traumatic a wrongful death can be for survivors.
Losing a loved one is never easy, but it’s even more devastating when it happens due to negligence. That’s why we dedicate ourselves to looking after our wrongful death clients and pursuing the justice they deserve.
If you lose a loved one due to the negligence of another, our wrongful death attorney in Albuquerque is here to help. To schedule a free case review, please call us at (505) 605-2417 or contact us online.
Lynn Lee20/03/2024Mr. James Tawney recently settled my auto accident claim. He and his staff acted very professional. I am happy with his services. The case drug on and on, but Mr. Tawney finally brought it to a successful end. I would recommend his services to anyone in need.Suzy Lee20/03/2024Mr. James Tawney was successful at settling my automobile accident case. I highly recommend him and his office. They all did a wonderful job.Gustavo Ganem07/02/2024They put the needs of the client first. Highly recommended!Manolo Faustino Ortega07/02/2024After having struggled with finding adequate representation, a friend recommended Tawney, Acosta & Chaparro. It was an immediate blessing to find a team so dedicated, personable, and competent. I could not recommend this team enough! Do yourself a favor and reach out to them, then watch all your problems wash away. Thanks team!Jose Alvarado07/02/2024I received great legal advice. Would like to thank Mr Acosta for his great service and professionalism in this matter.Karla Camarillo07/02/2024Very attentive and professional service.Ittay Orlando Moreno Chavez07/02/2024First class service. Excellent team, makes you feel heard and supported. They made me feel like a person not a client.Miguel Boya07/02/2024Alejandro Acosta has the tenacity, knowledge intelligence, and professionalism to execute and win for his clients. His team and associates are awesome.Chuy Hernan07/02/2024Excellent Customer Service and great attention to detail. I would highly recommend Tawney, Acosta & Chaparro.Valeria Martinez04/02/2024La abogada Daisy Chaparro-Cavazos es muy buena abogada para choques de remolque. Aparte de ser muy atenta, es muy agresiva y sus resultados lo demuestran. Les recomiendo este despacho mucho!
