New Mexico Wrongful Death Attorneys

Determining whether you have a case starts with understanding the cause of your loved one’s death. Like any personal injury case, a wrongful death lawsuit is legitimate only when another person’s actions can be directly linked to the loss of life. Whether these actions were purposeful does not matter to your claim.

Wrongful death lawsuits are often filed over fatal injuries arising from:

• Medical malpractice
• Car accidents
• Truck accidents
• Police violence
• Product defects
• Unsafe premises
• Industrial accidents
• Violent attacks

Surviving loved ones or the estate of the deceased are typically eligible to file a wrongful death lawsuit. New Mexico law lays out who may recover compensation and how any settlement or verdict must be split between eligible parties.

In order, the individuals who may file a wrongful death claim are the surviving:

• Spouse
• Child(ren)
• Grandchild(ren)
• Parents of a deceased minor
• Sibling(s)

Especially in large or blended families, questions about who may file are often disputed. We can clarify your rights under New Mexico law.

Those who are eligible to file a wrongful death suit may find themselves wondering why taking such a step even matters. There are two big reasons we believe taking this action is the right choice for most people who have lost a loved one.

Tangible and Intangible Losses Impact Your Quality of Life

We rely on our family members for love, encouragement, and financial support, as well as for help with our needs and obligations—and that’s just the tip of the iceberg. Losing a loved one can have real financial impacts and bring heavy emotional challenges at the same time.

With a wrongful death suit, you can seek to reclaim these expenses and losses, including:

• Medical care needed by the deceased before the end of their life
• Pain and suffering of the deceased before the end of their life
• Pain and suffering due to the loss of your loved one
• Funeral and burial costs
• Lost income
• Loss of inheritance
• Loss of companionship
• Loss of household services
• Mental anguish

After losing a member of your household, you may have to change your working situation, pay someone to complete work your loved one used to take care of, or make other changes to your standard of living.

A wrongful death case can help you continue to provide for yourself and your family.

Accountability Matters

A wrongful death claim is also key to holding wrongdoers accountable.

Whether a careless driver caused a fatal accident or a profit-hungry company put the general population at risk, making negligent individuals face the consequences of their actions is important.

This is especially true if your loved one’s death was caused by a danger that could affect others.

For instance, issues like poor road design or defective airbags can be a part of wrongful death claims. With our seasoned attorneys by your side, filing a claim can put the spotlight on persisting dangers that could continue to affect others. Litigation can be the key to pushing for moves that may prevent future accidents.

Wrongful Death Case Time Limits

As much as you and your family may wish to take your time and grieve, it is important to act quickly. When it comes to wrongful death lawsuits, timing could affect your ability to seek justice.

Just as there are statutes of limitations on any other civil case, there are statutes of limitations for wrongful death lawsuits. That means that if you and your attorney do not file suit within a certain amount of time, you could lose the right to sue for wrongful death altogether. Generally, the statute of limitations for wrongful death actions in New Mexico commences once you have discovered your loved one’s cause of death. This is because in some cases, it takes a while to discover the cause of death and uncover the fact that death was wrongfully inflicted. Family members typically have up to three years after the date of their loved one's death to file a lawsuit.

There is one important exception known as the discovery rule. This rule essentially means that the statute of limitations may begin earlier if the deceased person knew or should have known about the cause of their illness or injury before their death.