Albuquerque Wrongful Death Attorneys
Filing A Wrongful Death Lawsuit In New Mexico
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 wrongful death lawyers in Albuquerque 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.
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"I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."Christopher C.
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"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
FAqs About Wrongful Death claims in Albuquerque, NM
What types of damages can be recovered in a wrongful death case?
Damages in a wrongful death lawsuit in Albuquerque can include both economic and non-economic losses. These may cover funeral and burial expenses, medical bills related to the deceased’s final injury, lost wages and benefits (including future earnings), and loss of companionship or guidance for surviving family members. In cases involving gross negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct.
How long do I have to file a wrongful death claim in Albuquerque?
In New Mexico, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the person’s death. Missing this deadline usually results in the case being dismissed, regardless of its merit. However, there can be exceptions in rare cases, such as when the cause of death was not immediately discovered.
How is fault determined in a wrongful death case?
Determining fault in a wrongful death case involves showing that the defendant’s actions or inaction directly caused the death. This requires evidence such as accident reports, medical records, expert testimony, witness statements, and other documentation. New Mexico follows the doctrine of comparative negligence, meaning that if the deceased was partially at fault, damages may be reduced proportionally—but the lawsuit can still proceed as long as the other party was more at fault.
Can a wrongful death claim be filed if criminal charges are also involved?
Yes, a wrongful death claim can be filed even if criminal charges are brought against the person responsible—or even if no charges are filed at all. A wrongful death lawsuit is a civil matter, which operates independently from criminal proceedings. In fact, the burden of proof is lower in civil cases (a "preponderance of the evidence") compared to criminal cases ("beyond a reasonable doubt"). This means a person can be held civilly liable even if they’re not convicted in criminal court.
What if multiple parties are responsible for the death?
In cases where more than one party may be responsible for the death, New Mexico law allows all potentially liable parties to be named in a wrongful death lawsuit. The court will determine each party’s degree of fault and assign liability accordingly. For example, in a fatal car accident involving a defective vehicle and a negligent driver, both the manufacturer and the driver could be held partially responsible. Damages would be divided based on each party’s share of the fault.
Can a wrongful death lawsuit be filed after a workplace accident?
Yes, a wrongful death claim may be possible after a workplace death in Albuquerque, but the process can be complex. In most cases, workers' compensation death benefits are the primary remedy. However, if a third party (not the employer) contributed to the death—such as a contractor, equipment manufacturer, or negligent driver—a wrongful death lawsuit can be filed against that third party.
What is the role of the personal representative in a wrongful death case?
The personal representative (PR) of the estate plays a crucial role in a wrongful death lawsuit. They are legally responsible for initiating and managing the lawsuit, making decisions about legal strategy, and ensuring any recovered damages are distributed properly to the beneficiaries. While they act on behalf of the estate, they don’t personally keep the compensation unless they are also a beneficiary. The PR should act in the best interest of the surviving family and follow New Mexico’s wrongful death laws closely.
Do I need an attorney to file a wrongful death lawsuit?
While you are not legally required to have an attorney, it is highly recommended. Wrongful death lawsuits are complex, especially when they involve insurance companies, large entities, or unclear liability. Our Albuquerque wrongful death attorneys at Martinez, Hart, Sanchez & Romero can help investigate the case, build a strong legal strategy, calculate damages accurately, and advocate for the best possible outcome. They can also ensure all legal deadlines are met and paperwork is properly filed.
How Our Albuquerque Wrongful Death Lawyers Can Help You & Your Family
Living in Albuquerque, we know how close-knit our community is and how deeply a loss can affect us all. The pain of losing a loved one due to someone else's negligence is a heavy burden to bear. Whether it's a tragic car accident on I-25 or a construction mishap in the bustling downtown area, the impact is felt by the immediate family and the entire community.
Navigating the legal landscape in New Mexico can be daunting, especially when you're dealing with the emotional and financial aftermath of a wrongful death. Local resources like the Albuquerque Police Department and the Bernalillo County Government are essential in these times, providing necessary support and information. However, effectively leveraging these resources requires local knowledge and experience.
Filing a wrongful death lawsuit can be a complex, time-consuming task. At Martinez, Hart, Sanchez & Romero, we know you have other things on your mind after losing a loved one. We are here to handle practical legal matters so you can focus your attention on yourself and your family. We treat all clients with respect and dignity, so you can navigate through the wrongful death process as best you can.
Our Albuquerque wrongful death attorneys are here for you during this immensely difficult time. Together, we have over 100 years of collective legal experience and have helped people from all walks of life fight for the justice they deserved. We are ready to listen to your story and share how we can help you with your case—reach out to us today to learn more.
We do not collect any legal fees unless we recover compensation for you. Call (505) 806-1780 or contact us online to request a free consultation today. Hablamos español.
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.