Who can file a wrongful death claim in New Mexico?

On Behalf of | Mar 14, 2022 | Wrongful Death

No one deserves to go through the pain and anguish of losing a loved one due to another party’s negligent or unlawful acts. Unfortunately, thousands of wrongful death cases are reported throughout the U.S each year. 

Under the New Mexico code, death is deemed wrongful when it is caused by another person or entity’s illegal or negligent actions. These can include car accidents, slip and fall accidents, workplace-related injuries, medical malpractice or use of defective products. New Mexico law also considers deaths that have been caused by criminal acts like felony wrongful. 

Filing wrongful death claims in New Mexico

If you have lost a loved one due to another party’s negligence, you deserve justice on behalf of the bereaved. But, not everyone can press a wrongful death lawsuit against the defendant. 

In New Mexico, a wrongful death claim can be filed by the personal representative of the deceased’s estate, also known as the estate administrator or executor. This is usually named in the decedent’s will. However, if the decedent had no will, the court will have to designate an immediate family member such as a spouse or sibling for this role.

If successful the proceeds of New Mexico wrongful death compensation can be claimed as follows:

  • The decedent’s spouse is entitled to the entire compensation if they had no child
  • The decedent’s children and grandchildren are entitled to one-half of the compensation amount if there was a spouse or the full amount if the decedent is not survived by a spouse
  • The decedent’s parents receive equal amounts if the deceased was minor or unmarried
  • The decedent’s siblings receive the full amount if the deceased had no spouse, children, parents or grandchildren. 

Losing a loved one under any circumstances can leave you with lasting emotional and economic damages. Find out how you can pursue the compensation you deserve following your loved one’s wrongful death. 



FindLaw Network
Nathan A. Cobb