Roswell Wrongful Death Attorneys

Wrongful Death Claims in New Mexico

We offer our condolences if you have lost a loved one due to negligence. We understand that no amount of money can ever truly correct the effects of negligence that you and your family have suffered. However, filing a wrongful death claim can ensure that all related expenses are covered and that your loved ones are cared for financially.

Call (575) 622-7774 or complete our contact form to schedule a free consultation with our legal team.

What is Wrongful Death?

The term “wrongful death” describes an incident in which the negligence of a person or entity causes another person’s death. The causes of wrongful death may include car accidents, work accidents, and other incidents. By filing a wrongful death claim, the people who have been affected by the death can recover compensation for their losses.

What Qualifies as Wrongful Death in New Mexico?

New Mexico Statutes section 41-2-1 defines a wrongful death as one that is "caused by the wrongful act, neglect, or default of another." The definition includes deaths caused by a wrongful act that amounts to a felony under New Mexico law.

In some cases federal prosecutor will pursue criminal charges for homicide against the party that is believed to have caused the death. If a criminal case is filed, a wrongful death claim may still be brought to civil court. Because a criminal case can affect a wrongful death claim in several ways, however, it is wise to consult our Roswell wrongful death attorney at Trenchard & Hoskins.

Who Can File a Wrongful Death Claim in New Mexico?

In most states, wrongful death claims can only be filed by the people who are most significantly impacted — both emotionally and financially — by the victim’s death. Often, the right to file a wrongful death claim is reserved for the deceased person’s immediate family.

In the state of New Mexico, wrongful death claims can only be filed by the appointed representative of the victim’s estate.

The representative may be a family member such as the deceased person’s spouse. Or, the court may appoint a representative if there is no representative who has been appointed.

Who Can Receive Damages Through Wrongful Death Claim?

There are several parties who may receive the damages recovered through a wrongful death claim. The specific family members who can recover damages will vary depending on the deceased person’s unique family situation.

• Spouse & Children: The spouse and children of the deceased person are the primary parties who can receive compensation through a wrongful death claim in New Mexico. This is true in most states. Damages may be paid exclusively to one party or the other (e.g. the spouse or children), or may be divided between the parties.
• Victim's Parents: If the deceased person was not married or did not have any children at the time of their death, damages will be paid to the victim’s parents. This is also common in wrongful death cases in which the victim is under the age of 18.
• Victim's Siblings: Wrongful death damages are paid to the deceased person’s siblings if they are not married, have no children, or have no surviving parents. It may be possible to allot compensation to an alternative party if the deceased person also does not have any surviving siblings.

Wrongful Death Statute of Limitations in New Mexico

In addition to the regulations on who can file a wrongful death claim in New Mexico and who is able to collect damages, there are also laws which govern the time limit in which a wrongful death claim must be filed. In New Mexico, wrongful death claims must be filed within three (3) years of the victim’s death. Any claims that are filed outside of the statute of limitations will likely be denied.

Can I Sue For Emotional Distress?

Oftentimes, when a person's loved one passes away due to wrongful death, the trauma that the person experiences results in emotional distress. Emotional distress can show itself in anxiety, fear, and mental difficulty that did not exist before the passing of the loved one. If you are experiencing this distress, seek justice right away!

How Can I Prove Emotional Distress?

In order for a person to win their emotional distress case, they need to provide proof of the ways in which this distress is negatively impacting their daily life. This may include an inability to work, drive, care for others, care for themselves and more. Additionally, it is often required that friends and/or family testify on behalf of the victim in order to prove that their claim of distress is valid.

Send us a message or call (575) 622-7774 for a free consultation with our wrongful death attorneys in Roswell.