Did you know that wrongful death claims in New Mexico fall under personal injury law? As such, a wrongful death claim will proceed in much the same way as a personal injury claim in terms of the legal process, rules, deadlines and law.
In a personal injury claim, the person who was injured usually makes the claim. However in wrongful death cases, the injured person is deceased, so someone else must make the claim. What is “Wrongful Death?"
In New Mexico, wrongful death is defined as a death “caused by the wrongful act, neglect, or default of another.” A wrongful death happens when someone dies because of the negligent or intentional conduct of someone else. Who Can File a Claim?
Immediate family members like a spouse, a mother or father, a sibling or a child may file a wrongful death lawsuit. In New Mexico, your case must be filed by a designated representative of the deceased’s estate. When Do You need to File Your Case?
In New Mexico the statute of limitations for a wrongful death case is 2 to 3 years, depending on the circumstances surrounding the death. How will Damages be Determined?
Damages are determined based on pecuniary injury as well as non-economic damages. Many factors include the relationship to the deceased, age, potential financial contributions, life expectancy, loss of companionship and mental anguish. Damages may also cover medical and funeral expenses as well as pain and suffering before the death.
If you have recently lost a loved one because of someone else's negligence or wrongdoing, you may be eligible to file a New Mexico wrongful death suit. Ron Archibeque is an Albuquerque wrongful death attorney who helps grieving families recover damages and ensures that the party who caused your loved one's death is held responsible. Contact Archibeque Law Firm at 505-750-2363 to set up a free consultation