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Albuquerque Wrongful Death Attorneys

Filing a Wrongful Death Lawsuit in New Mexico 

You often forget how fragile life is until you lose someone you hold dear. These losses are even more traumatic when they result from a negligent action. One moment of inattention while driving a vehicle or on a construction site and a person’s life, family, and legacy are changed forever. When that happens, it’s the family of the deceased who is left reeling in the aftermath.

At Martinez, Hart, Sanchez & Romero, we understand how damaging wrongful death truly is. Along with the emotional impact of losing a loved one, there is also the financial impact—how will you take care of your family? How will you cover end-of-life medical care and funeral expenses? How can you afford to put your kids through college? How will you cope with the lost companionship, love, and shared memories?

Each one of the attorneys at Martinez, Hart, Sanchez & Romero has the experience and compassion to help you sort through these questions one-by-one, while also working to hold those responsible for your loss accountable. With our assistance, you can rest assured that your legal needs are taken care of so you can focus on healing emotionally.

To learn more, including how our Albuquerque wrongful death attorneys can assist you with your case, contact us at (505) 806-1780. Your initial consultation is completely free.

What Constitutes a Wrongful Death in New Mexico? 

The New Mexico wrongful death statute defines wrongful death as the death of a person resulting from “the wrongful act, neglect, or default of another.” If the person who died, known as the “decedent,” would have been entitled to file a personal injury claim had they lived, their death is considered “wrongful” under state law. 

Wrongful death claims often arise from the following types of events: 

Wrongful death claims may arise in addition to criminal prosecutions against at-fault parties, but the two are entirely separate legal proceedings. While a criminal case seeks to bring a defendant to justice through criminal penalties, such as fines and prison time, a civil wrongful death lawsuit is meant to bring justice to surviving family members who have endured unimaginable losses as a result of their loved one’s passing. 

Who Is Permitted to File a Wrongful Death Claim?

Before a wrongful death claim can be filed, you must determine whether you’re permitted to do so. In New Mexico, only a personal representative can file a wrongful death claim on behalf of the decedent’s estate. If the decedent passed away without a will or without naming a personal representative, the court will usually name one.

Appointing a personal representative is the first step towards developing the case against the wrongful actor. Our attorneys are happy to meet with you to discuss this process in greater detail.

While the personal representative is simply responsible for filing the wrongful death suit, damages are awarded to the surviving family of the deceased according to New Mexico’s wrongful death statute. Such individuals may include: 

  • The decedent’s surviving spouse
  • The decedent’s surviving children 
  • The decedent’s surviving parents, if there is no surviving spouse or child, or if the decedent is a minor (under the age of 18)
  • The decedent’s surviving siblings, if there is no surviving spouse, child, or parent
  • Any dependent of the decedent or heir entitled to inherit via intestate succession 

Our attorneys are happy to meet with you to discuss in greater detail how recovery is outlined under New Mexico’s wrongful death statute.

  • "I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."
    Christopher C.
  • "Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."
    Dorian D.

What Kind of Damages Can Be Sought in a Wrongful Death Case?

Wrongful death cases are similar to personal injury cases when it comes to damages. You can pursue lost income, compensation for medical expenses, and pain and suffering on behalf of the deceased. You can also request money for funeral arrangements, provided that the expense is considered reasonable.

Additionally, you can seek damages for loss of companionship after losing a spouse. Family members are also allowed to claim mental anguish. These damages are not intended to make up for personal loss, but rather to hold the negligent party accountable for their misdeeds.

For more information on the types of damages available in New Mexico wrongful death lawsuits, reach out to our team at Martinez, Hart, Sanchez & Romero. We can provide detailed and personalized answers to your questions during a completely free, no-obligation consultation. 

How Our Wrongful Death Lawyers Can Help You & Your Family

Filing a wrongful death lawsuit can be a complex, time-consuming task. At Martinez, Hart, Sanchez & Romero, we know you have other things on your mind after losing a loved one. We are here to handle practical legal matters so you can focus your attention on yourself and your family. We treat all clients with respect and dignity, so you can navigate through the wrongful death process as best you can.

Our Albuquerque wrongful death attorneys are here for you during this immensely difficult time. Together, we have over 100 years of collective legal experience and have helped people from all walks of life fight for the justice they deserved. We are ready to listen to your story and share how we can help you with your case—reach out to us today to learn more.

We do not collect any legal fees unless we recover compensation for you. Call (505) 806-1780 or contact us online to request a free consultation today. Hablamos español.

"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."
Dorian D.
Our History

Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.