The loss of a loved one is a devastating experience, but when someone else’s negligence or misconduct causes that loss, the emotional toll can be even harder to bear. If you believe the death of a family member could have been avoided, you may have grounds for a wrongful death claim. Understanding what qualifies as wrongful death in New Mexico is key to seeking justice and compensation for your loss.

What Is Wrongful Death?

Legally, wrongful death occurs when the wrongful act, neglect, or default of another party cause a person’s death. Think of it as a personal injury claim that the deceased can no longer file on their own. According to New Mexico law, the responsible party can be held accountable for both the harm caused to the deceased and the emotional and financial damage suffered by the surviving family.

Common Situations That May Lead to a Wrongful Death Case

Here are some examples of incidents that could lead to a wrongful death claim in New Mexico:

Car Accidents: If a driver’s recklessness—like speeding, DUI, or texting—causes a fatal collision, the victim’s family may pursue a wrongful death lawsuit.
Medical Malpractice: Mistakes like misdiagnosis, surgical errors, or failure to provide proper treatment can result in avoidable deaths.
Workplace Accidents: Employers may be held accountable for fatalities caused by unsafe working conditions or lack of proper training. For instance, deaths in construction or manufacturing due to equipment malfunctions are common examples.
Defective Products: Manufacturers can be liable if faulty products, like malfunctioning airbags or contaminated food, result in a fatality.
Criminal Acts: Deaths resulting from physical assault, armed robbery, or other violent crimes may also fall under wrongful death law.

Who Can File a Wrongful Death Claim in New Mexico?

New Mexico’s wrongful death law specifies who has the right to bring a case forward. Unlike some states where multiple family members can file, New Mexico requires these claims to be filed by a personal representative of the deceased’s estate. This is typically an individual named in the person’s will. If no such representative is named, the court can appoint one.

While this representative must file the claim, any damages awarded are for the benefit of the deceased’s immediate family. Typically, this includes:

Spouse or domestic partner
Children (including adopted children)
Parents or siblings in the absence of a spouse or children

What Damages Can Be Recovered?

A wrongful death claim seeks to compensate surviving family members for the emotional and financial losses that result from their loved one’s death. Damages typically include:

Medical Expenses: Any healthcare costs incurred before the victim passes away, such as emergency room visits or surgeries.
Funeral and Burial Costs: The reasonable expenses associated with laying the deceased to rest.
Loss of Income: Compensation for the deceased's wages and financial support would have contributed to the household.
Loss of Companionship: Surviving family members may receive compensation for the loss of love, care, and guidance the deceased provided.
Pain and Suffering: Damages may account for emotional distress experienced by the family or pain the deceased endured before passing.
Punitive Damages: When the defendant’s actions are especially egregious, courts may award additional damages to penalize the responsible party.

Steps to Take if You Suspect a Wrongful Death

If you believe your loved one’s death resulted from another party’s negligence or wrongdoing, here’s what you should do:

Collect Documentation: Gather records such as medical reports, police reports, insurance documents, and witness statements, as these will be critical in building your case.
Preserve Evidence: Retain any items, photos, or digital evidence related to the incident. This can include things like video footage or a defective product.
Avoid Settling Too Quickly: Insurance companies might offer a quick settlement, but these amounts are often far below what you’re entitled to.
Consult an Attorney: A wrongful death attorney can help assess your case, estimate potential damages, and guide you through the legal process.

Why Legal Representation Matters

Navigating the aftermath of a wrongful death is emotionally overwhelming, and dealing with legal matters only adds to the stress. A skilled attorney can handle the complexities of your case and fight for the justice and compensation your family deserves.

Whether through negotiation with insurance companies or litigation in court, a legal professional ensures that your voice is heard and that those responsible are held accountable.

Albuquerque Wrongful Death Lawyer

In conclusion, understanding wrongful death claims in New Mexico is essential for families seeking justice and compensation for their loss. The legal process can be complex, but with the right guidance and support, families can navigate these challenges and achieve a favorable outcome. If you have lost a loved one due to wrongful death, contact the Law Office of Nathan Cobb in Albuquerque, NM, for expert legal assistance. Our dedicated team is here to help you through this difficult time, providing the support and representation you need to pursue your claim. Contact us today at (505) 572-1160 to get started.