Losing a loved one is a devastating experience for families, but when the loved one is a child, the loss proves utterly horrific. According to the Center for Disease Control and Prevention (CDC), over 12,000 deaths of children occur every year. Topping the list for causes are drowning for children aged one to four, and motor vehicle crashes for children aged five to 19.
When children die due to the negligence of another, New Mexico law allows families to obtain compensation. Though nothing can bring a loved one back, compensation provides an opportunity for parents and siblings to grieve without financial burden and, even more importantly, an opportunity to make changes so such horrible experiences don’t happen to others in the future. Some find that when they make changes to make the community safer, they are able to live their lives knowing their loved ones did not die in vain.
When dealing with wrongful death cases, it is essential that you hire an experienced attorney, so that he or she can help you receive the largest settlement possible for your significant loss.
Quantifying loss in court
The process of awarding family members compensation for wrongful death cases involves clear analysis by a New Mexico judge. The court will quantify the following aspects regarding your child’s life, to the best of the court’s ability.
- Expenses of medical care and treatment before your child’s death
- The cost of funeral and burial services
- The pain and suffering your child may have endured before their death
- The loss of earning capacity, considering your child’s age, health and life expectancy
- The value of your child’s life, aside from earning capacity
- The circumstances involving your child’s death
- The quantified emotional torment that your child’s death had on you and family members
In New Mexico, no law restricts the quantity awarded to family members, and the court will use judgment to decide a reasonable quantity.
If you suffered the loss of your child due to another individual’s negligence, whether the negligence was operating a vehicle without care, not paying attention when your child was in their care or accidentally injuring your child in some form, you have the right to compensation. New Mexico judges will work diligently to award an accurate compensation, so that you may grieve without having to pay for considerable expenses.
