
Our New Mexico wrongful death lawyers can help you seek justice if you lost a loved one because of someone else’s negligence.

Albuquerque, NM Wrongful Death FAQs
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What is the difference between a wrongful death lawsuit and a criminal case?A wrongful death lawsuit is a civil case brought by the deceased’s family to recover damages from the party responsible for the death. The goal is financial compensation for losses such as medical expenses, funeral costs, and emotional suffering. A criminal case, on the other hand, is initiated by the state to determine guilt and impose penalties like fines or jail time. You can pursue a wrongful death lawsuit even if a related criminal case is underway or has concluded. An experienced Albuquerque wrongful death attorney can guide you through the process.
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Can I file a wrongful death lawsuit if my loved one was partially at fault?Yes, New Mexico follows a "pure comparative negligence" rule, which means you may still file a wrongful death claim even if your loved one was partially at fault. However, the total compensation awarded will be reduced by the percentage of fault attributed to your loved one. For example, if the court determines they were 20% at fault, any damages awarded will be reduced by that amount. A knowledgeable wrongful death lawyer in New Mexico can help determine how comparative negligence may impact your case.
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How long does a wrongful death lawsuit take to resolve?The timeline for a wrongful death lawsuit varies depending on factors like the complexity of the case, the willingness of the parties to settle, and whether the case goes to trial. Some cases may resolve in a matter of months through settlement negotiations, while others could take a year or more if litigation is required. A skilled Albuquerque wrongful death attorney can provide an accurate timeline based on your case’s specifics.
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Are punitive damages available in wrongful death cases?Punitive damages may be awarded in cases involving extreme negligence or intentional misconduct. Unlike compensatory damages, which cover losses like medical bills and emotional distress, punitive damages are meant to punish the wrongdoer and deter similar behavior in the future. If you believe your case involves egregious conduct, consult a wrongful death lawyer in New Mexico to discuss your options for pursuing punitive damages.
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What steps should I take immediately following a wrongful death?
Taking the right steps after losing a loved one can strengthen your case. These include:
- Preserving evidence, such as medical records or accident reports.
- Documenting any communication with the liable party or witnesses.
- Consulting an attorney to evaluate your legal options.
- Refraining from signing settlements or agreements without legal advice.
These steps can make a significant difference in achieving justice. Contact an Albuquerque wrongful death attorney as soon as possible for guidance.


Why Choose Harvey, Foote & Baker Law Firm for Your Wrongful Death Case
Harvey, Foote & Baker Law Firm Law Firm stands out for its dedication and experience handling complex wrongful death cases. Here's why families trust us:
- Extensive Experience: Our team has decades of experience handling wrongful death cases in New Mexico, particularly those involving nursing home abuse and medical malpractice.
- Compassionate Support: We understand families' challenges during such a difficult time. Our team offers empathetic legal assistance, helping you every step of the way.
- Proven Success: Our firm has recovered millions of dollars for grieving families, ensuring they receive the compensation and justice they deserve.
- Trial-Ready Representation: If necessary, our seasoned litigators are prepared to take your case to court to fight for your rights.
- Client-Centered Approach: We put our clients first, offering responsive communication and tailored legal strategies to meet each case's unique needs.
By choosing Harvey, Foote & Baker Law Firm, you entrust your case to a firm fully committed to securing justice for your family.
Contact Our Albuquerque Wrongful Death Lawyers Today
In the aftermath of wrongful death, especially within a nursing home setting, families are left with grief, questions, and a need for justice. At Harvey, Foote & Baker Law Firm, we are determined to help you navigate this challenging time by providing experienced, compassionate, and aggressive representation. Our team understands the intricacies of wrongful death cases and will fight tirelessly to hold those responsible accountable. If your loved one has suffered due to negligence or abuse in a nursing home, contact us today to discuss your case and pursue the justice your family deserves.
Contact Harvey, Foote & Baker Law Firm today to meet with our wrongful death lawyer in Albuquerque! Dial (505) 295-2245.
What Is a Wrongful Death Lawsuit?
When someone passes away due to someone else’s negligence, malpractice, or wrongful act, surviving family members of the victim have the right to file a wrongful death lawsuit against the liable party and seek damages. The goal of a wrongful death lawsuit is to hold the wrongdoer accountable for their actions, compensate the family for the losses they sustained, and relieve the family of the financial burdens that come with an untimely passing.
A person may suffer a wrongful death in a variety of scenarios. After reviewing the facts of your case, we can advise whether you have a strong claim.
Our team at Harvey, Foote & Baker Law Firm is prepared to represent you in wrongful death claims stemming from:
- Home Abuse or Neglect: Physical abuse or neglect of individuals within their own homes, often involving caregivers or family members.
- Assisted Living Facility Abuse or Neglect: Mistreatment or negligence in assisted living facilities, which provide housing and support services for elderly or disabled individuals.
- Group Home Abuse or Neglect: Similar to assisted living facilities, group homes may be settings for abuse or neglect, especially for vulnerable populations.
- Car Accidents: Fatalities resulting from motor vehicle accidents, which can occur due to various factors such as negligence, reckless driving, or impaired driving.
- Truck Accidents: Wrongful deaths involving large trucks or commercial vehicles, often caused by factors like driver fatigue, speeding, or inadequate maintenance.
- Workplace Accidents: Fatalities occurring in the workplace due to accidents, hazardous conditions, or lack of proper safety measures.
- Medical Malpractice: Wrongful death resulting from negligent or substandard medical care, including errors made by healthcare professionals such as doctors, nurses, or hospitals.
- Defective Products: Fatalities caused by using defective or dangerous products, including medications, medical devices, or consumer goods.
- Criminal Acts: Deaths resulting from criminal acts such as homicide, assault, or other intentional wrongdoing.
- Aviation Accidents: Fatalities occurring in airplane or helicopter accidents, which may be caused by mechanical failure, pilot error, or adverse weather conditions.
- Dangerous Premises: Fatalities from accidents on poorly maintained or unsafe premises, such as slip and fall incidents.
- Drowning or Submersion: Deaths caused by drowning or submersion, which can occur in various settings such as pools, lakes, or bathtubs.
Common Causes of Wrongful Death in Nursing Homes
Wrongful deaths in nursing homes are often the result of negligence or abuse. Common causes include:
- Neglect and Dehydration: Residents may suffer from malnutrition or dehydration due to inadequate care, which can lead to fatal complications.
- Medication Mistakes: Incorrect doses or administering the wrong medication can lead to life-threatening complications, especially for residents with pre-existing conditions.
- Falls: Lack of supervision or unsafe environments can lead to fatal falls, especially for elderly or disabled residents.
- Bedsores and Infections: Poor hygiene practices and failure to properly care for bedridden patients can cause fatal infections.
- Abuse or Assault: Physical or emotional abuse by staff or other residents may lead to life-threatening injuries or severe emotional distress.
Who Can File a Wrongful Death Lawsuit in New Mexico?
In New Mexico, only the personal representative of the victim’s wrongful death estate can initiate a wrongful death claim. The court appointed a personal representative. The personal representative can be a family member of the victim or a neutral third party, like a local attorney or trust company. The personal representative is obligated to ensure that any proceeds from a lawsuit get distributed to the right people under the New Mexico Wrongful Death Act.
How Do I Prove Liability in a Wrongful Death Claim?
Negligence is a key concept in a wrongful death lawsuit and is typically one of the elements that must be proven for a successful claim. Negligence refers to the failure to exercise reasonable care or breach a duty of care owed to another person, resulting in harm or injury. In the context of a wrongful death lawsuit, the plaintiff (the party bringing the lawsuit) typically needs to show that the defendant's negligence was a proximate cause of the death.
Here are the basic components of negligence in the context of a wrongful death lawsuit:
- Duty of Care: The defendant must have owed a duty of care to the deceased person. This duty can arise from various relationships, such as a doctor's duty to a patient, an employer's duty to an employee, or a driver's duty to other road users.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached the duty of care. This means that the defendant's actions or omissions fell below the standard of care expected in the given situation.
- Causation: There must be a direct link between the defendant's breach of duty and the individual's death. The plaintiff needs to show that the defendant's negligent actions were a substantial factor in causing the death.
- Damages: The plaintiff must prove that there are quantifiable damages resulting from the death. These damages may include medical expenses, funeral costs, loss of income, and the emotional suffering of the surviving family members.
In some cases, a wrongful death may result from intentional actions. This involves a deliberate and purposeful act by the defendant that leads to the death of another person. Examples may include assault, homicide, or other intentional acts causing harm. In these cases, the intent to cause harm may be a critical factor in establishing liability.
To establish wrongful actions in a wrongful death lawsuit, the plaintiff typically needs to present evidence that proves the defendant's responsibility for the death. This may involve witness testimonies, expert opinions, medical records, accident reports, or other relevant documentation.
Who Receives Compensation in a New Mexico Wrongful Death Claim?
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.