Wrongful Death

New Mexico Wrongful Death Attorneys

Compassionate Legal Counsel for Grieving Families

When a loved one dies unexpectedly, the pain is often unbearable. This pain is only compounded when the death is due to the negligence or wrongful actions of another person or party. In these cases, surviving family members may be able to file a wrongful death claim to seek justice and compensation for their losses.

At Simon Perdue Law, we understand the profound grief that comes with losing a loved one. Our New Mexico wrongful death lawyers are here to provide the compassionate legal support you need during this difficult time. We will handle all of the legal details of your case so you can focus on your family and healing.

Call our office at (505) 588-5962 or submit an online contact form to schedule a free, confidential consultation today.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of personal injury claim that is filed by the surviving family members of a person who is killed as a result of another person or party's negligence or wrongful actions. The purpose of a wrongful death claim is to seek compensation for the damages the surviving family members have incurred as a result of the death.

While no amount of compensation can make up for the loss of a loved one, a successful wrongful death claim can help the surviving family members get the financial resources they need to cover:

  • Medical bills
  • Funeral and burial costs
  • Lost wages and benefits
  • Pain and suffering
  • Loss of consortium
  • Loss of household services
  • And more

Who Can File a Wrongful Death Lawsuit in New Mexico?

In New Mexico, the right to file a wrongful death lawsuit is governed by state law, specifically the New Mexico Wrongful Death Act. Under this law, certain individuals are eligible to seek damages for the wrongful death of a family member. However, all wrongful death lawsuits must be brought by the personal representative of the deceased person’s estate – which is typically the person named in the deceased’s estate plan. 

If there is no estate plan, the court will appoint someone to serve.

According to N.M. Stat. § 41-2-1, damages from a wrongful death lawsuit are distributed as follows:

  • Surviving spouse with no children: all proceeds go to the surviving spouse.
  • Surviving spouse and children/grandchildren: one-half goes to the spouse and the other half is divided among the children and grandchildren.
  • Children with no spouse: all proceeds are divided among the children and grandchildren.
  • No spouse or children: all proceeds go to the deceased's father and mother.
  • No spouse, children, or parents: all proceeds go to any surviving siblings.

Statute of Limitations: How Long Do I Have to File?

In New Mexico, the statute of limitations on wrongful death claims is three years from the date of death. If you do not file your claim within this time frame, you will almost certainly be barred from filing a claim at all. There are very few exceptions to this rule, so it is in your best interest to get started on your case as soon as possible.

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Common Causes of Wrongful Death

Wrongful death can occur in various situations where individuals or entities act negligently, recklessly, or unlawfully, resulting in someone's death. 

Some common causes of wrongful death in New Mexico include:

  • Motor vehicle accidents: Traffic accidents, including those involving cars, trucks, motorcycles, bicycles, and pedestrians, are a leading cause of wrongful death in New Mexico. Factors such as speeding, drunk driving, distracted driving, and reckless behavior can contribute to fatal collisions.
  • Medical malpractice: Negligence by healthcare professionals, including doctors, nurses, surgeons, and hospitals, can lead to wrongful death. Medical malpractice cases may involve misdiagnosis, surgical errors, medication errors, anesthesia errors, or failure to provide proper treatment.
  • Workplace accidents: Fatal accidents occurring on the job, particularly in hazardous industries such as construction, mining, agriculture, and oil and gas extraction, can result in wrongful death claims. Causes of workplace fatalities may include falls, electrocutions, machinery accidents, toxic exposures, and transportation incidents.
  • Defective products: Product defects and failures can lead to fatal accidents and give rise to wrongful death claims. Defective products may include faulty automotive parts, dangerous pharmaceuticals, defective medical devices, defective consumer products, and unsafe machinery or equipment.
  • Premises liability: Property owners or managers may be held liable for wrongful death if their negligence leads to fatal accidents on their premises. Common premises liability incidents include slip and fall accidents, inadequate security leading to assaults, swimming pool drownings, and structural collapses.
  • Criminal acts: Wrongful death may occur as a result of criminal acts such as homicide, assault, battery, or other violent crimes. Surviving family members may pursue wrongful death claims against the perpetrator or entities responsible for security failures.

Each case is unique, and determining liability requires a thorough investigation of the circumstances surrounding the death. If you believe your loved one's death was the result of someone else's negligence or wrongful conduct, it's advisable to consult with an experienced wrongful death attorney in New Mexico who can evaluate your case and help you pursue justice and compensation for your loss. At Simon Perdue Law, we offer a free consultation to start your case.

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How We Can Help

At Simon Perdue Law, we understand that no amount of compensation can truly make up for the loss of a loved one. However, we also know that the financial burden of a loved one's death can make the grieving process even harder. That is why our wrongful death lawyers in New Mexico are here to help you seek the justice and fair recovery you are owed.

When you choose our firm, you can expect:

  • Compassionate, personalized legal counsel. We treat our clients like family, and we are committed to providing the one-on-one attention and support they deserve.
  • Aggressive representation. Our lawyer is not afraid to stand up to insurance companies and other large corporations. We will fight tirelessly for you in settlement negotiations and in court.
  • Accessible service. We are available to take your call and answer your questions, and we offer free initial consultations and contingency fees.

Let us handle your wrongful death claim so you can focus on your family and healing. Call us today at (505) 588-5962 to get started with a free consultation.

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