The loss of a life is always a terrible tragedy that can be extremely difficult for surviving family members to come to terms with and accept. If the death was caused by someone else’s careless or reckless actions, however, it can be even harder to cope and find closure.
A wrongful death claim enables a family in New Mexico to hold someone accountable and receive financial compensation for related losses, including funeral and burial costs. If you’d like to discuss a potential wrongful death claim in Albuquerque with an experienced attorney from the Fine Law Firm. Contact us today for a free consultation.
What Is New Mexico’s Wrongful Death Act?
A wrongful death claim is a civil lawsuit. It is a type of legal action that allows the representative of the deceased individual (known as the decedent) to seek financial compensation on behalf of surviving family members so that they can be made whole again.
While no amount of money can ever equate to a human life, a settlement or judgment award gained through a wrongful death claim in New Mexico can help the family achieve justice, pay for related bills and losses, and move forward.
New Mexico’s Wrongful Death Act, found in New Mexico Statutes Annotated § 41-2-1, allows for the filing of a wrongful death claim when the death of a person is caused by the “wrongful act, neglect or default of another.”
When Can a Wrongful Death Claim Be Filed in New Mexico?
A wrongful death claim can be filed in New Mexico if an individual passes away due to the actions of another person or party that would have been avoided had the defendant been using a reasonable amount of care.
Many types of accidents can lead to wrongful death claims in New Mexico, including:
- Motor vehicle collisions
- Slip, trip and fall accidents
- Dangerous premises incidents
- Dog attacks
- Workplace accidents
- Construction accidents
- Product defects
- Medical malpractice
- Criminal acts or assaults
An individual can be held liable for wrongful death if he or she behaved with negligence, or a careless lack of proper care, and this caused the fatal accident. It is not necessary to prove that a defendant had the intent to harm a victim, as it is in a criminal case.
What Damages Are Available in a New Mexico Wrongful Death Case?
If you’ve lost a loved one, you know that no amount of money could ever make it right. However, you may be dealing with expensive bills and financial losses connected to the death. Taking legal action against one or more defendants can lead to a settlement or judgment award that gives your family greater financial peace of mind.
In New Mexico, various economic and non-economic damages can be awarded in a wrongful death claim, including:
- Reasonable funeral and burial costs
- Expenses related to the decedent’s final medical care
- Lost wages, income, earnings and employment benefits
- Lost savings or inheritance
- The value of lost household services
- Loss of the decedent’s guidance, love, counseling and care
- Pain and suffering the decedent felt prior to death
- Loved ones’ grief and mental anguish
If a wrongful death case results in financial damages, they will be distributed to a surviving spouse, children, grandchildren, parents or siblings. All damages will go to the spouse if there are no surviving children. If there are children or grandchildren, half will go to the spouse and half to the children/grandchildren.
Who Can File a Wrongful Death Claim in New Mexico?
The ability to bring a wrongful death claim is limited only to certain people in New Mexico. While many states allow family members to file, in New Mexico, the claim must be brought by the personal representative (sometimes called the administrator or executor) of the decedent’s estate. In many cases, the representative is someone who was named in the decedent’s will or estate plan.
If the individual passed away without naming a representative, the courts will appoint someone to serve in this position and file the wrongful death claim. The representative is typically a close relative of the decedent or an attorney. The representative files the claim on behalf of all eligible beneficiaries. Any compensation gained through the lawsuit will be dispersed among heirs according to New Mexico’s intestacy laws.
How to Prove Wrongful Death
Proving a wrongful death claim in New Mexico takes a “preponderance of the evidence,” or enough to show that the claim being made is more likely to be true than not true. Meeting your burden of proof requires evidence, such as:
- A police report or accident report
- Medical records
- A coroner’s report
- Photographs of the accident scene
- Video surveillance footage
- Eyewitness statements
- Expert testimony
You do not have to prove intent to harm or establish proof beyond a reasonable doubt (as in a criminal case) to hold someone liable for the wrongful death of your loved one.
What Is the Statute of Limitations?
New Mexico’s statute of limitations imposes a deadline of three years on the right to file a wrongful death claim, with some exceptions. Typically, the clock starts ticking on the decedent’s date of death. This may differ from the date of the inciting incident. There may be exceptions if the cause of death is not discovered right away, such as due to fraud or malpractice.
If you wish to hold a government agency liable for your loved one’s death, the New Mexico Tort Claims Act gives you just 90 days from the date of death to file a notice of claim with the culpable government entity. It’s vital to act quickly and contact an attorney as soon as possible to avoid accidentally missing your time limit and giving up the right to file.
Do You Need to Hire a Wrongful Death Attorney in New Mexico?
You are not required to hire a lawyer during a wrongful death claim in New Mexico. Hiring an attorney to represent you, however, can make the legal process easier for you and your family, as well as increase your odds of success.
An experienced wrongful death lawyer at The Fine Law Firm can investigate the incident, search for signs of someone else’s fault, gather evidence and file a claim on your behalf. This will give you the mental peace to focus on grieving and healing during this difficult time.
For more information about a potential wrongful death claim in New Mexico, contact The Fine Law Firm at (505) 494-1646 to schedule a free consultation.