Losing a loved one is a devastating experience, especially if their death could have been prevented. If a family member dies because of someone else’s carelessness, you may be able to file a wrongful death lawsuit.
A wrongful death lawsuit can compensate your family for funeral expenses, medical bills, pain and suffering and other damages arising from your loved one’s passing. While money may not replace their presence, it can reduce the financial burden on your family.
However, not all family members can start legal action. Here is what you need to know.
The legal representative must file the wrongful death lawsuit
Many states allow a person’s surviving family members to file a wrongful death suit. These usually include immediate family members, such as spouses or children. But in New Mexico, the deceased’s personal or legal representative must file the lawsuit.
A legal representative is the executor of the deceased’s estate plan, typically named in the will. They can seek compensation on behalf of the family.
What if there is no estate plan?
If your loved one did not create an estate plan, the court will appoint someone to file the lawsuit. This also applies if there is a representative, but they will not or cannot serve.
Who the court appoints will depend on the circumstances of your case. The representative could be the deceased’s spouse, children, parents or siblings.
How long do you have to file a lawsuit?
Whoever the legal representative is, they must file the lawsuit as soon as possible. State law requires people to start lawsuits within three years of the death in question.
Otherwise, the representative may lose the chance to take legal action. In turn, surviving family members may not receive compensation nor hold the negligent person accountable for their loved one’s death.
Legal counsel can help make this difficult process easier. Consider speaking to a wrongful death attorney who can guide you through the lawsuit, gather evidence to support your case and fight for your family’s rights to fair compensation.