Albuquerque Wrongful Death Attorney

albuquerque-wrongful-deaths-attorney

Losing a loved one is a soul-shattering experience, made even more agonizing when their death was entirely preventable. Whether it was a spouse, child, or parent, the void they leave behind is immeasurable. When a family member’s life is cut short by negligence in Albuquerque, the injustice can feel insurmountable. 

At Collins & Collins P.C., we understand that no amount of money can replace a cherished life. However, your family deserves the space to grieve without the crushing weight of financial instability, and you deserve a measure of justice for the tragic loss you’ve endured. Our Albuquerque wrongful death attorneys are here to stand as your shield and your voice, forcing accountable parties to answer for their actions.

Call 505-242-5958 today for a free evaluation of your case.

Why Families Choose Our Albuquerque Litigation Firm

Families across New Mexico choose Collins & Collins P.C. because we are more than just a personal injury firm based in Albuquerque; we are relentless advocates for systemic change. While the loss of a loved one is always a tragedy, a death caused by the calculated indifference of a powerful institution requires a level of litigation that most high-volume firms are not equipped to provide. 

Our wrongful death lawyers differentiate ourselves through a unique combination of civil rights expertise and a refusal to settle for “easy” numbers when a system remains broken.

Civil Rights-Focused Advocacy

We go beyond standard personal injury. Our practice is built on the intersection of civil rights and wrongful death, allowing us to pursue constitutional claims that hold government entities and private contractors to a higher standard of care

Decades of Proven Expertise

Lead attorney Parrish Collins has been practicing law since 1991. His 30+ years of experience span Civil Rights, Medical Malpractice, and Personal Injury. This multidisciplinary background is essential for navigating the legal nuances where these fields overlap in a fatal injury matter.

Trial Readiness Against Powerful Institutions

We do not fear the courtroom. We have a documented history of going to trial against insurance giants, private healthcare corporations, and government agencies. Our reputation for trial readiness ensures that our clients are taken seriously from the moment a claim is filed.

Bernalillo County Legal Depth 

Our deep-seated local knowledge of the Albuquerque and Bernalillo County legal systems, including the specific procedures of the Second Judicial District Court, allows us to navigate local dockets and rules with precision.

Empathetic, Personalized Support 

We understand that you are coming to us during the most difficult chapter of your life. We provide compassionate guidance that respects your grieving process while we handle the aggressive legal work behind the scenes.

Secured Over $20 Million for Families 

We have a proven history of high-stakes recoveries, specifically in cases involving institutional medical neglect and civil rights violations.

*Past results do not guarantee any future outcome, and every case is different.*

During this devastating time, you shouldn’t have to navigate a complex legal system alone. Contact our law office in Albuquerque today to learn more about how we can support you.

How Does New Mexico Define Wrongful Death?

Under NMSA 1978 § 41-2-1, New Mexico law defines wrongful death as a fatality caused by the “wrongful act, neglect, or default” of another. If the decedent would have been entitled to maintain an action for personal injury had they survived, a wrongful death claim exists. This legal standard allows for recovery in cases of:

  • Gross Negligence: A conscious and voluntary disregard of the need to use reasonable care.
  • Institutional Default: Failure of an organization to follow safety protocols, staffing mandates, or medical standards.
  • Intentional Acts: Targeted misconduct or civil rights violations.

If you or a loved one has suffered severe permanent harm or death please call 505-242-5958 or complete our Case Review Form

Who Can File A Wrongful Death Claim?

New Mexico law has unique requirements regarding who can officially bring a case to court. Under the New Mexico Wrongful Death Act, a lawsuit cannot be filed directly by any family member; instead, it must be brought by a Personal Representative.

  • The Appointment Requirement: The court must formally appoint a Personal Representative to act on behalf of the estate. This individual serves as a “nominal party” who manages the litigation.
  • Statutory Heirs: While the Personal Representative files the suit, the recovery is for the benefit of the statutory heirs, typically the surviving spouse, children, or parents, as defined by state law.

Let our Albuquerque wrongful death lawyers handle the legal hurdles so you can focus on your family. Call us today for help starting this process.

Wrongful Death Cases Our Albuquerque Attorneys Handle

At Collins & Collins P.C., our hearts go out to those who have lost loved ones in the most vulnerable circumstances. We prioritize cases that demand a deep investigation into corporate and governmental accountability:

Jail and Prison Neglect

We fight for families of those who died due to medical indifference, untreated withdrawal, or ignored mental health crises in New Mexico correctional facilities.

Police Misconduct

We stand up for victims of unconstitutional policing, including excessive force or the denial of medical care during arrest.

Medical Malpractice

We address deaths caused by deviations from the standard of care in hospitals, including fatal surgical errors and systemic neglect.

Institutional Elder Abuse

We hold institutional facilities, including nursing homes, group homes, and assisted living, accountable for negligence causing injury or death.

Personal Injury

Our injury attorneys also manage claims arising from fatal motor vehicle accidents, trucking collisions on I-25, and premises liability.

Compensation Our Wrongful Death Attorneys Pursue

We know that money can never replace your loved one. However, a fair settlement can provide the financial security your family needs to move forward and a sense that justice has been served. Our wrongful death lawyers in Albuquerque aggressively pursue every category of damage available under New Mexico law:

  • Economic Damages: Coverage for funeral and burial costs, medical expenses incurred prior to death, and the loss of future financial support and household services.
  • Non-Economic Damages: Compensation for your mental anguish, loss of companionship, and the loss of guidance for surviving children.
  • Hedonic Damages (The Value of Life Itself): This is where we honor your loved one’s memory. New Mexico recognizes the “value of life itself,” compensating for the loss of the enjoyment of life; the milestones and joys your loved one was deprived of.
  • Punitive Damages: In cases of egregious misconduct, we seek to punish the wrongdoer to ensure no other family has to suffer a similar loss.

Wrongful Death vs. Survival Action (and Who Receives the Money)

Understanding where the recovery goes is vital for your family’s future. We strategically manage two distinct legal pathways to ensure your family is protected:

1. The Wrongful Death Claim

This claim is brought for the benefit of the statutory heirs. Under NMSA 1978 § 41-2-3, New Mexico law mandates a specific hierarchy for distribution:

  • Surviving Spouse (No Children): The spouse receives 100% of the proceeds.
  • Spouse and Children/Grandchildren: The spouse receives 50%, and the children/grandchildren split the remaining 50%.
  • No Spouse (Children/Grandchildren): The children and grandchildren receive 100% by right of representation.
  • Unmarried/Childless Minor: The proceeds go equally to the parents.

Critical Note: Proceeds from a New Mexico wrongful death judgment are generally not liable for the debts of the deceased. This ensures that the compensation intended for the family is protected from creditors.

2. The Survival Action

While a wrongful death claim focuses on the loss to the survivors and the value of the life lost, a survival action allows the estate to recover damages for the harm the decedent suffered before they passed away. This includes:

  • Physical pain and mental suffering endured between the injury and the moment of death.
  • Medical bills incurred during that same period.

Unlike wrongful death proceeds, survival action damages flow directly into the probate estate. These funds are distributed according to the decedent’s will (or state intestacy laws if there is no will) and may be subject to claims from the estate’s creditors. We strategically manage both claims to ensure the maximum amount of recovery remains with the family.

How Our Wrongful Death Attorneys Handle Claims in New Mexico

We understand that you need answers, not just a settlement. That is why our lawyers begin every case with what we call Systemic Discovery. In institutional cases, such as those involving New Mexico jails or hospitals, we don’t just look at the moment of death; we investigate the chain of command, staffing levels, and corporate policies that allowed the tragedy to occur.

By securing internal logs, emails, and training manuals, we build an evidentiary foundation that forces the defense to face the reality of their negligence. Our goal is to move the case toward a resolution that reflects the true value of your loss, whether through a negotiated settlement or a verdict. We take on the burden of the investigation so that you can focus on the emotional needs of your family.

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How Long Do You Have To File A Wrongful Death Lawsuit?

While we encourage you to take the time you need to grieve, it is important to be aware that the state of New Mexico imposes strict deadlines on seeking justice.

  • Statute of Limitations: Generally, you have three years from the date of death of your loved one to file a claim.
  • Tort Claims Act Notice: If the claim is against a government entity (such as a county jail, state hospital, or police department), you may have as little as 90 (for state) to 180 days (for local) to file a formal notice of claim under the New Mexico Tort Claims Act. Failure to meet these short deadlines can result in a permanent bar from recovery.

Don’t wait and risk losing your right to justice. Contact us today for a free case evaluation.

Case Results We Recovered For Surviving Families in New Mexico

We are proud of the results we’ve achieved for our clients, but more importantly, we are proud of the peace of mind these settlements have provided to grieving families:

$6.9 Million

Inmate death during opioid withdrawal due to medical and jail staff neglect.

$6.9 Million

Inmate death during opioid withdrawal due to medical and jail staff neglect.

$5 Million

Preventable death in county jail detox under a private medical contractor.

$5 Million

Preventable death in county jail detox under a private medical contractor.

$5 Million

Death in police custody following taser use and denial of medical care.

$5 Million

Death in police custody following taser use and denial of medical care.

$1.6 Million

Civil rights settlement involving the suicide of an inmate with mental illness.

$1.6 Million

Civil rights settlement involving the suicide of an inmate with mental illness.

$1.5 Million

Death of a combat veteran in solitary confinement following medical neglect.

$1.5 Million

Death of a combat veteran in solitary confinement following medical neglect.

$1.495 Million

An incarcerated man died after a private hospital withdrew life support without family consent.

$1.495 Million

An incarcerated man died after a private hospital withdrew life support without family consent.

*Past results do not guarantee future outcomes, but they demonstrate our commitment to your cause.*

Call Our Trusted Albuquerque Wrongful Death Lawyers For Help Today

If you have experienced the sudden, tragic death of a family member in Albuquerque, please know that you are not alone. You deserve justice, and we are determined to help you get it. Let our Albuquerque wrongful death attorneys take on the insurance companies and powerful corporations so you can focus on moving forward.

Contact Collins & Collins P.C. today at 505-242-5958 to set up your free, no-obligation case evaluation.

Frequently Asked Questions

We simplify complex legal matters by providing clear, concise, and accurate answers to your most pressing questions.

Our lawyers work on a contingency fee basis for wrongful death cases; you pay nothing upfront, and we only collect a fee if we successfully recover compensation for your family.

The odds of winning a wrongful death lawsuit depend on proving the defendant's negligence directly caused the fatality; we maximize these odds by securing institutional records and expert testimony to establish liability.

The life worth is determined by calculating lost future earnings, medical expenses, loss of companionship, and hedonic damages, which compensate for the intrinsic value of the decedent’s lost enjoyment of life.

Yes, hospitals usually settle lawsuits for wrongful death matters to avoid public trial risks, provided the evidence of medical negligence is strong, and the legal team demonstrates a readiness for trial.

The typical amount of pain and suffering varies based on the decedent's degree of conscious suffering and the profound emotional impact on survivors; New Mexico law allows for substantial awards when systemic neglect or egregious misconduct is proven.

Yes, the decedent’s shared fault will impact a wrongful death settlement in Albuquerque because New Mexico is a pure comparative negligence state; the decedent’s fault percentage reduces any recovery but is never barred entirely.

Speak with a Legal Team That Puts Justice First

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