The wrongful death of a loved one can be emotionally and financially devastating to the family. Wrongful death laws have been created to protect and compensate the family for these tremendous losses. Wrongful death claims are based in statute which allows the surviving spouse, child, or parent to bring an action on behalf of the deceased.

Wrongful death actions may arise out of any number of situations such as auto accidents, trucking accidents, medical malpractice, criminal behavior, or just plain accidents. The circumstances causing the wrongful death will dictate the course of litigation. Medical malpractice claims require proof of negligence and can be very difficult and time-consuming to pursue. These actions will require extensive efforts on the part of the attorney, significant expert witness assistance, and great patience on the part of the surviving family members. Recovery in auto accidents will generally be dictated by insurance coverage with the issues being fault and damages. Accidents and criminal behavior will generally point to the property owner and property manager since there is a duty to maintain a safe premises.

Wrongful death damages will be dictated by the relationship of the plaintiff to the deceased and the damages suffered. Surviving parents may recover damages for loss of companionship, mental anguish, and on occasion loss of financial contributions from the deceased child. Surviving spouses and children may recover for loss of companionship, mental anguish and loss of earnings. Depending upon the circumstances, surviving family members may also recover punitive damages.

Wrongful death cases often settle prior to trial. However, due to the complexities of the case in proving fault and damages, these actions can take several years to resolve.

What to Do in Case of the Death of a Loved One

• Get The Death Certificate
• · Obtain The Report Of Findings From The Coroner Or Medical Examiner
• Initiate A Probate Action For The Appointment Of A Representative For The Estate
• Identify Any Insurance Coverage For The Responsible Party
• Get The Names, Addresses, And Phone Numbers For Any Witnesses
• Contact Your Insurance Company To Report The Death
• Contact An Attorney To Understand Your Rights And Any Applicable Time Limits

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Please remember that there are strict time limits on personal injury claims. If you miss these time limits, your claim will be barred forever. Most personal injury claims in New Mexico have a 3 year statute of limitations period. However, the time period for taking action may be as little as 90 days if a governmental entity is involved. It is critical that you speak with a lawyer immediately after an accident so you will know any time limits that apply to your claim.