Yes. In New Mexico, a wrongful death lawsuit can be filed even if criminal charges have also been filed against the same defendant. A wrongful death claim is a civil case that is separate from a criminal case. It can proceed independently and has a lower burden of proof.
The Difference Between a Criminal vs. Civil Case
When a death in New Mexico is caused by someone else’s intent to harm or kill the victim, it can lead to cases filed against the defendant in both the criminal and civil courts. It is possible for a wrongful death claim to be filed while criminal charges are still pending against the same defendant in New Mexico.
The purpose of a criminal case is to punish the defendant for a convicted crime, such as murder, homicide or manslaughter. The civil justice system, on the other hand, aims to make a plaintiff or filing party whole again by holding the defendant liable, or financially responsible, and awarding the plaintiff compensation for his or her related losses.
A Wrongful Death Case Has a Lower Burden of Proof
The burden of proof in legal cases means the standard of evidence that must be met to prove the claim that is being asserted. In a criminal case, the highest burden of proof applies: proof beyond a reasonable doubt. A wrongful death civil case, however, has a lower burden of proof: a preponderance of the evidence, or more likely to be true than not.
Who Files a Wrongful Death Claim vs. Criminal Charges in New Mexico?
It is not up to civilians whether or not criminal charges are brought against an individual in New Mexico. While the deceased person’s relatives may report the death as a suspected crime to local law enforcement, it is ultimately the state’s decision whether or not to prosecute the suspect.
A wrongful death case, on the other hand, is brought by the personal representative of the decedent’s estate on behalf of surviving heirs or beneficiaries. The personal representative or administrator of the estate may be appointed by the courts or named in the decedent’s will.
Independent Case Outcomes
Since the civil and criminal justice systems are entirely separate, the outcome of criminal charges does not affect whether or not a wrongful death case can be filed against the defendant. Since the civil justice system uses a lower burden of proof, even if the defendant is found not guilty of a crime in connection with the death, he or she may be found liable in a wrongful death claim.
If a defendant is convicted of a crime, however, this may be used as evidence to support a subsequent wrongful death case. While a criminal conviction does not automatically mean the defendant will be held liable in a wrongful death claim, it can provide evidence of the defendant’s culpability.
Can the Two Cases Exist Simultaneously?
Yes. A wrongful death lawsuit can be filed at the same time as criminal charges that are pending against the same defendant. A family or personal representative does not have to wait to consult with an attorney and initiate a wrongful death claim. In fact, they should act quickly – the statute of limitations is three years from the date of death, in most cases.
Note, however, that if a criminal case could affect the evidence used in a civil case, the wrongful death claim may be tolled (or temporarily paused) until the criminal case is resolved. It is common in New Mexico for both criminal charges and a wrongful death claim to be filed simultaneously after a fatal accident.
If you wish to discuss a potential wrongful death case with a knowledgeable attorney, contact us today for a free initial consultation.