In New Mexico, the law grants individuals the right to seek justice for preventable injuries and deaths that arise as an outcome of someone else’s carelessness or recklessness. An affected person could file a personal injury or wrongful death case, depending on the circumstances.
Understanding the difference between these two types of legal actions can help you choose the correct one to file in your individual situation. This is an important distinction to make, as the rules, laws and statutes differ between them in New Mexico.
What Is New Mexico’s Definition of Personal Injury vs. Wrongful Death?
A personal injury case in New Mexico is a type of civil claim or lawsuit that can be brought by someone who has suffered a physical or emotional injury due to the negligent, reckless or wrongful acts of another party.
Negligence means the failure to act with proper care. If someone behaves in a way that a reasonable and prudent person would not have in the same or similar circumstances and this results in injury or harm to another person, the victim has the right to file a personal injury claim.
A wrongful death case in New Mexico is similar in that it can arise from the negligent or wrongful acts of another party. However, it is brought by a personal representative on behalf of the individual who died, rather than an injured person.
A wrongful death claim can be viewed as a personal injury lawsuit the victim could have brought against the same defendant had he or she survived the incident. Since the victim did not survive, the cause of action must be brought by someone else on behalf of the decedent.
Common Types of Wrongful Death Suits in New Mexico
The same types of accidents that lead to personal injury cases in New Mexico can also serve as the foundation for wrongful death claims. The majority of unintentional injuries and deaths in New Mexico are traced back to human error.
Common examples include:
- Acts of violence
- Bicycle and pedestrian accidents
- Car, truck and other automobile accidents
- Defective product cases
- Fatal workplace accidents
- Medical malpractice
- Premises liability incidents
- Serious slip or trip and fall accidents
- Vicious dog attacks
Any preventable incident that causes a fatality could serve as grounds for a wrongful death claim in New Mexico. One or more at-fault parties can be held accountable through this type of legal action, the same way they would have been in a personal injury case had the harm not resulted in the victim’s death. Our wrongful death lawyers in Albuquerque can help families understand their rights and pursue accountability.
The Focus of the Claim
The focus or legal purpose of a wrongful death case differs from a personal injury case in New Mexico. The goal of a wrongful death claim is to make an injured accident victim whole again by providing the plaintiff with financial compensation for related losses.
The point of a wrongful death claim, on the other hand, is to allow surviving family members or beneficiaries to recover financial compensation for the impacts they suffered due to the death of a loved one.
A wrongful death case recognizes that although the deceased person cannot bring a claim against the negligent party themself, grieving family members can hold someone responsible and receive payment for their own losses.
Who Files: Wrongful Death vs. Personal Injury Claim
In a personal injury claim in New Mexico, the injured party generally files the paperwork required to initiate the legal action. However, a wrongful death claim can only be filed by the personal representative or executor of the deceased person’s estate, according to New Mexico Statutes Annotated § 41-2-3.
If the decedent passed away with a will or estate plan in place, this will name the personal representative who has the ability to file. If not, the probate courts can appoint someone to this position. Typically, this is a close surviving relative of the deceased person, such as a spouse or adult child.
The personal representative chosen to file a wrongful death claim in New Mexico will do so on behalf of all eligible beneficiaries or heirs. This is in contrast to a personal injury case, which is filed by the injured person for his or her own financial recovery, not someone else’s.
What Is the Statute of Limitations on Each Type of Case?
Both types of claims have the same statute of limitations, or deadline for filing, in New Mexico: three years. According to § 37-1-8 of the law, actions brought for an injury to any person must be brought within three years. Wrongful death claims also have a three-year statute of limitations under § 41-2-2. However, the date that the clock starts ticking differs.
In a personal injury case, the cause of action accrues on the date of the harmful accident. In a wrongful death case, the countdown doesn’t begin until the date of death. This could differ from the date of the accident, depending on the situation.
Different Types of Recoverable Damages
One of the key differences between a wrongful death claim and a personal injury case in New Mexico is the types of damages or financial compensation available. In a personal injury case, compensation is meant to make the victim financially whole again. The plaintiff or filing party will receive any settlement or judgment awarded.
By contrast, in a wrongful death case, surviving loved ones receive the financial damages. This generally includes a surviving spouse, children or grandchildren, parents, and siblings. An award can be divided among multiple beneficiaries.
Comparison of Compensation
Recoverable damages in a New Mexico personal injury case can include:
- Past and future medical expenses
- Disability costs
- Lost wages
- Lost future capacity to earn
- Pain and suffering or emotional distress
- Property damage
By comparison, the financial compensation available in a wrongful death case includes:
- Reasonable funeral and burial costs
- Medical expenses related to the final injury
- Loss of the decedent’s wages and inheritance
- Household or financial contributions the decedent would have made
- Grief, mourning or emotional distress of survivors
- Loss of the decedent’s companionship and society
Wrongful death compensation is designed to reimburse grieving loved ones for their losses rather than addressing the deceased victim’s losses directly. A third type of claim known as a survival action in New Mexico, has the power to pay the decedent’s estate for the victim’s personal losses prior to death.
When to Contact an Attorney in New Mexico
Whether you have personally been injured in a preventable accident or lost someone close to you, it is always wise to consult with an attorney about your legal options. A law firm that handles both personal injury and wrongful death cases, like The Fine Law Firm, can guide you and your family through the steps required to file the right type of case for you.