Albuquerque Wrongful Death Attorneys

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 attorneys at Martinez, Hart, Sanchez & Romero 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. 

WHO IS PERMITTED TO FILE A WRONGFUL DEATH CLAIM?

Before a wrongful death claim can be filed, you must determine whether you’re permitted to do so. In New Mexico, only a personal representative can file a wrongful death claim on behalf of the decedent’s estate. If the decedent passed away without a will or without naming a personal representative, the court will usually name one.

Appointing a personal representative is the first step towards developing the case against the wrongful actor. Our attorneys are happy to meet with you to discuss this process in greater detail.

While the personal representative is simply responsible for filing the wrongful death suit, damages are awarded to the surviving family of the deceased according to New Mexico’s wrongful death statute. Such individuals may include: 

• The decedent’s surviving spouse
• The decedent’s surviving children 
• The decedent’s surviving parents, if there is no surviving spouse or child, or if the decedent is a minor (under the age of 18)
• The decedent’s surviving siblings, if there is no surviving spouse, child, or parent
• Any dependent of the decedent or heir entitled to inherit via intestate succession 

Our attorneys are happy to meet with you to discuss in greater detail how recovery is outlined under New Mexico’s wrongful death statute.