The Wrongful Death Puzzle

Death is never easy for anyone. It is harder if the death was wrongfully caused by another.

Not everyone understands what the term wrongful death means or what they can do about it if something happens to a loved one. The best definition of a wrongful death is that it is a fatality that took place because of someone else’s negligent or wrongful actions.

Another point to remember as well, is that a wrongful death claim is a civil action filed against the negligent person(s) responsible for the casualty in question. In most instances, a wrongful death claim is filed by close family members on behalf of the deceased person, and it states that the accused or defendant was negligent or committed a wrongdoing that killed someone. Surviving family members are called beneficiaries and they are entitled to compensation for the death.

While this may sound fairly straightforward, at one time, there was no legal recourse for bereaved family members. Over a period of time, the various states began to realize that the survivors in a wrongful death case needed to be protected. Now, every state has a wrongful death statute. They aren’t all the same, so it’s best to check what may be applicable in your state. For instance, if you live in New Mexico, you’d want to ask a New Mexico wrongful death lawyer what the applicable statute says in that state.

Because a wrongful death case is tried in a civil court, and not in criminal court, the burden of proof is different; a preponderance of the evidence, not beyond a shadow of a doubt. What difference does that make? The difference means that it’s a lot easier for a family to pursue justice for a wrongful death under that burden of proof than it would be to criminally prosecute them.

This is not to say that a defendant can’t be prosecuted criminally and have a civil lawsuit filed against them as well. For example, if the defendant was being tried criminally for murder, they may still also be sued civilly for wrongful death. Think O.J. Simpson.

Generally speaking there are several categories where a wrongful death lawsuit may be filed by a New Mexico wrongful death lawyer: toxic exposure, products liability, defective drugs or medical malpractice. Unfortunately, death by medical malpractice is far more common that we would care to even think about. Would you believe over two hundred thousand people die each year because of medical errors?

If you have lost a loved one as the result of someone else’s negligence, you will need sound advice from a New Mexico wrongful death lawyer.

Scott Atkinson was admitted to practice in New Mexico in 1989 and is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.

Be Proactive - Get Uninsured and Underinsured Motorist Coverage.

One car accident changes your life. If the driver wasn’t insured, you may pay for part of all of your medical expenses.

There is no truer saying than, “Your life can change in the blink of an eye.” That is all it takes to perhaps sustain traumatic injuries in a car accident that may mean a lifetime of therapy and medical bills, unemployment or having to choose a different occupation. If the person who caused the car accident doesn’t have enough insurance to cover all your medical expenses or doesn’t have insurance at all, chances are you will be picking up the bills.

That thought should scare you, and for good reasons. If you happen to acquire traumatic brain injury, spinal cord problems or neck and back injuries, your medical bills may be astronomical. Even if you do have health insurance, you stand the chance of being wiped out quickly. If you have been in an auto accident with an uninsured or underinsured motorist, make it a point to talk to a New Mexico personal injury lawyer.

Many Americans make the choice to drive without insurance because they can’t afford it. The fact is that they really can’t afford not to have it, not if they are badly injured. The statistics dealing with uninsured drivers in many states are shocking: just about 15% to 20% of drivers in any state are on the road without insurance. This of course increases your chances of being hit by an uninsured driver. With the risk of severe personal injury being that high, don’t ignore the possible outcome. Be proactive and have the right kind of insurance to protect yourself.

The hard, cold facts are that if you get into a collision with an underinsured or uninsured driver and you don’t have your own insurance (or enough insurance) for medical expenses, you may need to consider filing for bankruptcy. That is the brutal reality of today – that medical bills are the reason for close to 50% of all the bankruptcies in the US.

Here is something else that will make you think that a good New Mexico personal injury lawyer will tell you if you have been badly hurt and need compensation for your injuries. A study done by Harvard University points out that most of the people filing for medical bankruptcy used to be middle class working people with health insurance. They handled their situation or accident in the beginning of their medical crisis, but lost coverage just before filing for bankruptcy. There is something seriously wrong with that picture.

If you don’t want to find yourself in the medical crisis, medical bankruptcy situation, make sure you get enough car insurance to protect yourself and your family. In other words, get sufficient uninsured and underinsured motorist coverage, because it’s “your” life that may be turned upside down. As an added bonus, uninsured and underinsured motorist coverage generally also covers a hit-and-run accident and the other driver is never identified.

Scott Atkinson was admitted to practice in New Mexico in 1989 and is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.