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If you have a loved one in a nursing home who recently passed away unexpectedly, you should consider speaking with a wrongful death lawyer. While our loved ones may be supported in a nursing home during their transitions in life, unfortunately for some, they will experience abuse at the hands of those entrusted to care for them. The worst of such abuses could leave you wondering who can file a nursing home wrongful death lawsuit in New Mexico.
With the help of a personal injury attorney familiar with elder abuse laws, you can gain the knowledge you need to confidently hold those accountable and responsible.
Understanding Wrongful Death
Wrongful death occurs when someone’s death is caused by the negligence of another person or their intentional behavior. These incidents are considered a form of personal injury in which the severity of the injuries suffered was fatal. While many injury cases allow the victim to recover, a wrongful death case leaves surviving loved ones grieving for what could be a lifetime.
When these incidents occur in nursing homes, the pain can be even greater. Wrongful deaths in nursing homes can be caused by a variety of factors, including:
- A fall
- Errors in medication administration
- Forceful handling
- Unsanitary conditions
- Unsupervised wandering
- Malnutrition
- Bedsores
- Assault
- Other forms of physical abuse
These are just a few of the incidents that could result in severe injury or death, particularly in more susceptible populations such as the elderly. A nursing home is designed to provide care. Any death or injury that occurs in the home could be subject to further investigation, especially if the death was sudden or unexpected. Working with a wrongful death lawyer is a necessary first step in holding nursing homes accountable for their actions.
Damages You Could Recover
There are several damages that may be recovered in a wrongful death claim. Some of the many damages you could recover include:
- Medical expenses. All medical bills and expenses related to the injuries suffered could be compensated for. This can include surgeries, hospital stays, doctor’s visits, transportation costs to doctor’s offices, prescriptions, physical therapy, rehabilitation, and any other medical expenses.
- Lost income. Any income that was lost because of the unexpected death could be recovered, especially if multiple family members were dependent on that income. This could be social security or pension income.
- Emotional trauma. Surviving family members can receive compensation for the mental and emotional anguish of losing a loved one. Family members could experience depression, fear, anxiety, and anger, among other debilitating emotions.
The exact number of damages you could recover depends on the circumstances of your case. Your attorney can help identify the types of damages you could receive.
Those Who Can File a Claim
In many states, any immediate family member can file a wrongful death claim on behalf of their loved ones. However, in New Mexico, a wrongful death claim may only be filed by a personal representative. This is the person charged with executing the will of someone who has passed. If there is no will or an executor has not been identified, a court can appoint such a representative.
Any settlement reached in wrongful death claims becomes a part of the deceased’s estate and is then distributed to any beneficiaries. These individuals include their spouses, children, grandchildren, siblings, or parents. New Mexico statutes outline the exact process and qualifications for wrongful death claims to ensure those who seek to hold others responsible can do so.
FAQs
How Do You File a Complaint Against a Nursing Home in New Mexico?
To file a complaint against a nursing home in New Mexico, you should contact the New Mexico Department of Health’s Division of Health Improvement. If you believe your loved one is experiencing abuse, a complaint can be filed by fax or mail, but it should be done with the help of an attorney. An attorney can help prepare the documents necessary for filing your complaint, along with collecting evidence to support your claim.
What Is the Wrongful Death Cap in New Mexico?
There is no cap on wrongful death claims in New Mexico. The amount of compensation you could receive will depend on the circumstances of your case. However, in cases of medical malpractice or if the named defendant is a representative of the government or a government entity, certain caps may apply. The amount of compensation you could qualify for should be discussed with your attorney, who will review the circumstances of the case.
What Is the Difference Between Wrongful Death and Medical Malpractice?
The difference between wrongful death and medical malpractice is that a wrongful death occurs when a negligent action results in death, whereas medical malpractice occurs when a professional healthcare provider exhibits negligence in their administration of healthcare, and it leads to an injury. A medical malpractice situation could lead to a wrongful death claim if the healthcare provider’s negligence caused the death of the patient. Both types of claims award compensation to the affected party.
How Can a Wrongful Death Lawyer Help Me?
A wrongful death lawyer can help you in several ways. A lawyer can investigate your case and provide the necessary legal advice. It can be difficult to navigate the complexities of the New Mexico state legal system, especially when there is a nursing home involved. An attorney will know how to properly navigate these intricacies and ensure all documents are filed appropriately and on time. An attorney gives you the greatest chance of successfully filing your claim.
New Mexico Wrongful Death Lawyer
Unfortunately, there is no amount of money that can bring back your loved one who is a victim of wrongful death. There are, however, steps you can take to get the justice they deserve. One of the greatest decisions you make after a tragedy like this is to speak with an experienced wrongful death lawyer who can help. The legal team at the Branch Law Firm is ready and able to assist you and your family through this difficult process. Contact us today to see how we can assist you.