In New Mexico, the law restricts the right to file a wrongful death lawsuit to only the personal representative of the deceased person’s estate. Determining who this party is may take help from a wrongful death attorney in Albuquerque.
If you suffer a wrongful death in the family, finding a way forward can be extremely difficult. While nothing can make it right, filing a wrongful death lawsuit can hold someone accountable for causing your loved one’s death and result in financial compensation for financial losses.
What Is a Wrongful Death Lawsuit?
According to New Mexico’s Wrongful Death Act (beginning in New Mexico Statutes Annotated § 41-2-1), when the death of a person is caused by the “wrongful act, neglect or default” of another, the person or party responsible can be held liable to an action for damages (financial compensation).
Neglect in this context refers to the failure to act with the degree of care that a reasonably prudent party would have in the same circumstances. Default describes a negligent omission. A wrongful act can mean any tort or wrongdoing, such as a criminal act, gross negligence, recklessness, an act of violence or malicious intent to harm.
Who Has the Right to File a Wrongful Death Suit in New Mexico?
While some states allow a deceased individual’s family members to file a wrongful death claim, only the personal representative (also known as the administrator or executor) of the deceased person’s estate may file in New Mexico under § 41-2-3.
The representative might be named in the decedent’s will or estate plan. If not, the courts can appoint a representative during probate. Probate is the legal process of administering an individual’s will and determining how his or her estate will be distributed according to the laws of intestate succession.
The probate courts often name a close relative of the decedent as the personal representative if this party is not already appointed by a will. This may include a surviving spouse, adult child, parents, siblings, or other suitable parties who are available and willing. If someone wishes to volunteer for this role, he or she can file a petition with the probate court to be considered, which is often the first step before filing a wrongful death lawsuit in New Mexico.
When Can a Wrongful Death Lawsuit Be Filed in New Mexico?
Wrongful death insurance claims and lawsuits can arise after any type of preventable or avoidable accident that proves fatal for one or more parties. Common examples include:
- Motor vehicle accidents
- Fatal falls
- Workplace accidents
- Dog attacks
- Medical malpractice
- Defective products
- Acts of violence or homicide
According to § 41-2-2 of the law, a wrongful death claim must be brought within no more than three years of the date of the individual’s death. Otherwise, the right to file will be lost.
Who Is Eligible to Receive Compensation From a New Mexico Wrongful Death Lawsuit?
Any financial proceeds a personal representative achieves from a wrongful death lawsuit in New Mexico will be distributed to eligible beneficiaries. If the case results in a jury verdict in favor of the plaintiff, surviving family members can receive financial compensation for funeral and burial expenses, lost wages and inheritance, pain and suffering, and more.
If there is a surviving spouse but no children, 100 percent of the award will go to the spouse. If there are children or grandchildren, the spouse will receive 50 percent and the children or grandchildren will receive the other half. If there is no spouse or children, the decedent’s parents can inherit. If none of these parties exist, more distant relatives could be eligible.
For more information about how wrongful death lawsuits work in New Mexico or to find out who is responsible for filing a claim in your specific case, contact The Fine Law Firm for a free consultation.