Las Cruces Police Brutality Attorney

Understanding Wrongful Death Due to Police Brutality in New Mexico

Police brutality is an alarming issue in Las Cruces and across New Mexico. Sadly, the state has the highest rate of people killed by police in the nation. Police brutality refers to the use of excessive force by law enforcement officers, which can result in physical harm or even death. It encompasses various forms of misconduct and abuse of power by the police.

Examples of police brutality can include:

• Unwarranted physical assault
• Unjustified shootings and the use of lethal force
• Usage of chokeholds or other dangerous restraint techniques
• Sexual assault or harassment while in police custody
• Verbal abuse and intimidation tactics

Losing a loved one due to police brutality is devastating. Filing a wrongful death suit can help hold the responsible parties accountable and bring you some form of justice.

What To Do If Your Loved One Was Killed by Police

A wrongful death suit is a legal action taken by the family or estate of a person who has died due to someone else's negligence or misconduct, including police brutality. Unlike a criminal case, which seeks to punish the offender, a wrongful death suit aims to provide financial compensation to the victim's loved ones.

Below are some steps you can take if you lost a loved one due to police brutality:

• Document everything related to the incident, including photos, videos, witness statements, and any available police reports.
• Request an official autopsy report to understand the exact cause of death.
• Hire an experienced wrongful death attorney who is experienced in handling Las Cruces police brutality cases.
• Seek psychological support for yourself and your family if needed.

What Are Damages in a Wrongful Death Suit?

Damages refer to the monetary compensation awarded to the family or estate of the deceased. When you file a wrongful death suit, several types of damages can be claimed. These damages aim to compensate for the family's economic and non-economic losses.

Economic damages can include:

• Funeral and burial expenses
• Lost wages and benefits the deceased would have provided
• Medical expenses related to the incident
• Loss of inheritance
• Household services the deceased would have performed

Non-economic damages can include:

• Pain and suffering
• Emotional distress
• Loss of consortium (companionship)
• Loss of parental guidance
• Loss of enjoyment of life

Reasons to Consider Filing a Wrongful Death Suit

Filing a wrongful death suit can help not just your family but the community at large. In particular, a wrongful death suit can help families receive justice for the loss of their loved one while also providing them with financial support.

In addition to the extreme emotional and mental toll losing a beloved family member takes it can also come with significant financial burdens, including medical and funeral costs, as well as the permanent loss of their loved one's financial support. Filing such a suit can alleviate these financial strains and provide a sense of closure.

Promoting Systemic Reform

Filing a wrongful death suit also holds the officers responsible for their actions and encourages better training and policies to prevent future instances of brutality. This legal action can create public awareness, promote systemic reforms, and foster a safer environment for the community. By seeking accountability and justice for their loved ones, families can contribute to meaningful change.

Do You Need an Attorney to File a Wrongful Death Claim?

While it is not a legal requirement to hire an attorney to file a wrongful death claim, having one by your side can offer you invaluable support, especially when dealing with cases involving police brutality. A wrongful death attorney brings detailed knowledge and experience to help you throughout your case, including with compiling and presenting evidence or managing communications and negotiations with opposing parties and insurance companies.

Guidance On How the Statute of Limitations May Affect Your Case

Additionally, your attorney can help you understand your situation in the context of New Mexico's wrongful death laws, including the statute of limitations. In New Mexico, the statute of limitations for wrongful death cases is three years from the date of death. This means you have a three-year window to initiate a lawsuit. If you fail to file within this period, you may lose the right to seek legal recourse and recover damages.

In short, wrongful death cases tend to be complex and are even more so when police brutality is involved. You don't have to go through this alone. Law Offices of Ruben Ortiz is prepared to leverage our experience to help you and your family fight back against police brutality in Las Cruces.

Contact The Law Offices of Ruben Ortiz online to schedule a consultation.