According to reporting from KOAT 7 Action News, the family of a California college student who was killed in a shooting incident while at New Mexico State University (NMSU) has filed a lawsuit against the school. The family of Brandon Travis—who was killed by a player on the NMSU basketball team—alleges negligence by the school, its athletic department, and the program’s head coach. Below, our Stockton wrongful death law firm discusses what we know about the incident and provides an explanation of the civil wrongful death laws in California.
Background: Student Brandon Travis Killed in Shooting Incident at NMSU
Brandon Travis—a 19-year-old New Mexico State University (NMSU) student from California—was killed in a shooting near the campus in November of 2022. The school is located in Las Cruces. Mr. Travis was killed in an incident involving NMSU basketball player Mike Peake. According to allegations, Mr. Travis and multiple other people attempted to lure Mr. Peake to campus as part of a personal conflict. However, the matter of confrontation escalated. Gunfire was exchanged and Mr. Peake shot and killed Mr. Travis. Notably, local law enforcement in New Mexico ruled that Mr. Peake acted in self-defense.
New Mexico State University (NMSU) Sued By Family of Victim
As confirmed by the local news outlet, the California-based family of Brandon Travis is suing New Mexico State University (NMSU) and two of its former basketball coaches (Greg Heiar and Dominique Taylor). The family alleges they are responsible for creating a violent culture that led to Mr. Travis’s death in a shootout involving former player Mike Peake. Through the civil wrongful death lawsuit, the family is seeking to hold the school and the coaches liable.
Wrongful Death Cases are Handled Under State Law (Where Death Occurred)
It is important to emphasize that wrongful death cases are governed by the laws of the state where the death occurred. For example, in this case ,New Mexico law applies, even though the Travis family resides in California. The legal standard, statutes of limitations, and potential damages are determined by New Mexico’s specific wrongful death statutes. Families seeking to file a wrongful death lawsuit must navigate the legal framework of the state where the incident took place.
Understanding the Civil Wrongful Death in California
The loss of a close loved one is terrible. For grieving families in Stockton and elsewhere in California, it is extraordinarily distressing to learn that their loved one’s death could have been avoided if only the proper safety precautions had been taken by all parties. A wrongful death lawsuit is a civil type of legal claim that allows family members to pursue justice. As noted previously, these are state-based claims. The wrongful death laws vary somewhat across jurisdictions—such it is crucial that families have a local attorney who is knowledgeable and experienced. Here are key points to know about the wrongful death laws in California:
- Eligibility (Only Eligible Family Members May Bring Claim): One of the most important things to understand about wrongful death laws in California is not everyone who was close to the victim has the right to bring a claim. Under state law, only certain family members are eligible to file a wrongful death lawsuit. The primary individuals who can bring a claim include the deceased person’s surviving spouse, domestic partner, and children. If these individuals do not exist, others who were financially dependent on the deceased, such as stepchildren or parents, may be eligible.
- Deadline (Two Year Statute of Limitations): California law imposes a strict deadline for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, the claim must be filed within two years from the date of the deceased person’s death. There are only very limited exceptions that apply. Failing to file within this period typically results in the loss of the right to pursue compensation. Be proactive: Consult with a Stockton, CA wrongful death lawyer as soon as possible after your loved one’s fatal incident.
- Liability (Must Prove Fault—Usually Negligence): Wrongful death cases are fault-based legal claims. To succeed in a wrongful death claim, the plaintiff must prove that the defendant’s actions or omissions caused the death. How does this work? In most wrongful death claims, it involves proving that the defendant was negligent—meaning they failed to exercise reasonable care. Every fatal accident in Stockton requires a thorough investigation by an experienced California wrongful death attorney.
- Remedies (Financial Compensation for Damages): There is nothing that can truly ever be enough to make up for the death of a loved one because of another party’s negligence. Still, the primary remedy in a wrongful death lawsuit is financial compensation. The compensation can cover a range of losses, both economic damages and non-economic damages. Your family may be entitled to recover wrongful death compensation for funeral and burial expenses, loss of financial support, loss of love, and loss of companionship.
How Our Stockton Wrongful Death Lawyers Can Help Your Family
Wrongful death claims are challenging. For grieving families, navigating a complex, highly nuanced civil legal process while also trying to manage the personal tragedy can be overwhelming. At Redkey Gordon Law Corp, we are committed to providing justice-driven legal advocacy to the families who need support the most. With tens of millions in compensation recovered on behalf of clients, our case results tell the story. You do not have to navigate everything alone: Schedule a free, confidential, and no obligation initial consultation with our California wrongful death lawyers.
Contact Our Stockton Wrongful Death Lawyer Today
At Redkey Gordon Law Corp, our Stockton wrongful death lawyer is a skilled, experienced, and compassionate advocate for grieving families. If you have any specific questions about wrongful death claims, we are here as a legal resource that you can depend on. Contact us today for your free, no strings attached case assessment. With a law office in Stockton, we represent grieving families in wrongful death cases all across the San Joaquin Valley.