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Our law firm advanced a landmark case in
the area of wrongful death. Please call
Keller & Keller so that we can explain
the depth and importance of this decision.
If you have lost a family member due to
the negligence of another, allow Keller
& Keller to help advise you of your
options.
Every state in America has passed laws
to protect citizens who are harmed when
someone causes the wrongful death of someone
close to them. These "wrongful death
statutes" allow the heirs to file
a claim: this provides protection for
a victim's spouse, children, and sometimes,
his parents. The decedent's estate representative
may file a claim as well, on behalf of
other heirs. This is true in New Mexico.
If the loved one's death was caused by
someone's negligent, willful, or wrongful
act; or by their neglect, omission, mistake,
or default, then the statute will apply.
The wrongdoer will be legally responsible
for that "wrongful death" and
liable to the victim's loved ones for
monetary damages.
Of course, there is no truly sufficient
way to compensate a family for such a
tragic loss. The best that can be done,
from a legislative perspective, is to
provide for both economic damages (projected
gross lifetime income, without deducting
any projected expenses) and those non-economic
ones (i.e., the enjoyment of living).
Sometimes, punitive (or "punishment")
damages may be awarded: the law provides
for this when there has been malicious
and intentional wrongdoing. Here, the
goal is not so much compensation of the
victim's family as it is to both punish
the wrongdoer and set an example to discourage
this type of behavior. New Mexico wrongful
death law includes punitive damages.
Keller & Keller has extensive experience
in asserting wrongful death claims in
New Mexico. We know these are painful
situations, where the loss of a loved
one cannot be truly compensated with mere
money.
In this difficult time, we can however
offer the assistance of a free, initial
legal consultation regarding your situation.
Please contact us to schedule an appointment
to assess any possible wrongful death
claims you may have.
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