Wrongful Death Attorney Albuquerque

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 wrongful death lawyers in Albuquerque 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: 

• Negligence-Based Accidents: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, slip and falls, dog attacks, etc.
• Medical Malpractice: Surgical errors, medication mistakes, birth injuries (to babies and mothers), misdiagnosis, failure to treat, etc.
• Intentional Acts: Assault/battery, assault with a deadly weapon, murder, homicide, manslaughter, and other criminal acts

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. 

New Mexico Wrongful Death Laws

Under New Mexico Statutes § 41-2-1, wrongful death claims allow the personal representative of the deceased’s estate to file a lawsuit on behalf of surviving family members.

Some key aspects of New Mexico’s wrongful death law include:

• Statute of Limitations: The lawsuit must generally be filed within three years of the date of death. Missing this deadline can prevent your family from recovering compensation.
• Comparative Negligence: New Mexico follows a pure comparative negligence rule. This means that even if the deceased was partially at fault, the estate can still recover damages reduced by their percentage of fault.
• Distribution of Damages: Any compensation recovered is distributed to surviving family members according to state law—usually to a surviving spouse, children, or parents, depending on the circumstances.

Because wrongful death laws are complex, having our Albuquerque wrongful death attorney is essential to protect your rights and maximize your recovery.

Who Can File a Wrongful Death Lawsuit?

In New Mexico, only the personal representative (also called an “executor” or “administrator”) of the deceased person’s estate has the authority to file a wrongful death claim.

If the deceased had a will, the personal representative is usually named in that document. If not, the court will appoint someone to serve in that role.

While the personal representative files the claim, the compensation ultimately benefits the surviving family members, distributed as follows under New Mexico law:

• If there is a surviving spouse but no children: The spouse receives all damages.
• If there is a spouse and children: The spouse receives half, and the children share the remaining half.
• If there are only children: The damages are divided equally among them.
• If the deceased was unmarried and childless: The parents may receive compensation.

An Albuquerque wrongful death lawyer from Martinez, Hart, Sanchez & Romero can guide you through this process and ensure that your family’s rights are fully protected.

Compensation for Wrongful Death

Compensation in a wrongful death case can include both economic and non-economic damages, reflecting the financial and emotional losses experienced by surviving family members.

Common damages include:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial costs
• Loss of the deceased’s income and benefits
• Loss of companionship, guidance, and emotional support
• Pain and suffering experienced by the deceased before death

In cases involving gross negligence or intentional misconduct, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior in the future.

Our attorneys at Martinez, Hart, Sanchez & Romero work closely with economic and medical experts to accurately calculate the full extent of your family’s losses and pursue maximum compensation on your behalf.