Different Types of Wrongful Death Lawsuits in New Mexico

Experiencing the death of someone dear to you is devastating in its own right, but it becomes exponentially tougher to handle when the loss was preventable. Whether it was a crash, a mistake, or an act of carelessness, your family deserves compensation. A skilled wrongful death lawyer can explain your options and the different types of wrongful death lawsuits in New Mexico.

Wrongful death cases in New Mexico are governed by NMSA § 41-2-1 through § 41-2-4. These wrongful death laws allow surviving family members the opportunity to seek justice when a loved one’s death has been caused by another’s negligence or wrongdoing.

Hire a Wrongful Death Lawyer

At Berenson & Associates, PC, we have years of experience in guiding families through some of the most difficult moments of their lives. Our team understands the legal and emotional weight of wrongful death cases, and we approach each one with care, focus, and integrity. Led by our founding attorney, Rachel Berenson, our firm is committed to helping clients in New Mexico seek justice, answers, and rightful compensation when negligence leads to a devastating loss.

Car and Truck Accident Wrongful Death Claims

If a loved one is killed in a motor vehicle crash, like a car accident, there may be a potential wrongful death claim against the other driver. This is usually due to negligent actions on their part, such as driving recklessly, speeding, distracted driving, or operating a vehicle while impaired.

Commercial truck accidents can be especially tragic since these vehicles are so large and have far more mass than cars. The surviving family members can seek compensation for funeral costs, the financial support the victim provided, and emotional trauma.

Although a monetary settlement can never bring a loved one back, holding the driver accountable for their negligence may provide some closure and assistance with long-term financial needs.

Medical Malpractice and Fatal Healthcare Errors

Wrongful death cases can result from surgical errors, misdiagnosis, delayed treatment, or medication mistakes. Professional medical testimony will often be required to show that the provider should have known that a certain outcome was likely. Hospitals, urgent care clinics, and even nursing homes can be held responsible for their employees’ mistakes. Spouses, children, or parents may all have a claim to recover damages for economic and non-economic loss. A legal claim can bring negligent providers to justice and force them to improve their standards.

Workplace and Construction Site Fatalities in New Mexico

New Mexico has one of the highest workplace fatality rates in the U.S., with 38 fatal work injuries reported in 2023. 57 such injuries occurred in 2022. All too often, these incidents occur when proper safety procedures are ignored or defective equipment is used, leading to tragic consequences.

In addition to the limited benefits available through workers’ compensation, an injured employee’s family may pursue a wrongful death claim when a third party contributed to the death through negligence. This could include a contractor, equipment manufacturer, or even a property owner.

These cases can be complex, as the investigation itself is usually complex, and there may be multiple parties who are liable for the victim’s death. Civil claims for damages provide families with financial help, but they also emphasize workplace safety throughout New Mexico.

Fatal Incidents Involving Criminal Acts or Negligent Security

When a person is killed during a violent crime, the criminal trial is not the only form of justice that may occur. In many cases, the victim’s family may have an actionable claim for wrongful death if the property owner provided inadequate security. Such cases are frequent in apartment buildings, hotels, motels, and nightclubs, where lighting, security cameras, and/or security staff were not sufficient to prevent the killing.

The property owner is potentially liable if the death would not have occurred but for the lack of reasonable security measures. Families can seek justice through wrongful death claims, even when criminal trials fail to convict the offender.

FAQs About Wrongful Death Lawsuits

Q: Who Can File a Wrongful Death Claim in New Mexico?

A: In New Mexico, a wrongful death claim must be brought by the personal representative (executor) of the decedent’s estate. This is typically the person named in the decedent’s will. If no person is named in the will, the court may appoint someone, usually a close family member, to act as personal representative. The personal representative must establish the at-fault party’s negligence and the damages suffered by the heirs.

Q: What Types of Damages Are Available in a New Mexico Wrongful Death Case?

A: In a wrongful death claim, surviving family members may receive financial compensation for:

• Funeral and burial expenses
• Medical costs related to the final injury or illness
• Lost wages
• Future income
• The loss of financial support

Additional damages can include emotional distress and the loss of love, guidance, companionship, and child or spousal support. Any compensation awarded becomes part of the estate and is distributed according to New Mexico law.

Q: What Evidence Is Needed to Prove a Wrongful Death Case?

A: In New Mexico, to successfully bring a wrongful death claim, the plaintiff must demonstrate that the decedent’s death was caused by the negligence or intentional actions of another party. This involves proving the elements of duty, breach, causation, and damages.

Evidence that may be presented can include accident reports, medical records, expert testimony, and witness statements. The property owners and manufacturers of faulty equipment who contributed to the death can also face liability.

Q: Can a Criminal Case and a Wrongful Death Claim Happen at the Same Time?

A: Yes, a criminal case and a wrongful death claim can occur at the same time. A criminal case is initiated by the state for the purpose of punishing the perpetrator. A wrongful death claim is a civil action filed by the family for the recovery of damages. Even if the defendant is acquitted or not criminally charged, it does not necessarily mean you cannot seek compensation through a civil wrongful death claim.

Contact a New Mexico Wrongful Death Attorney

At Berenson & Associates, PC, we know these cases are life-changing, both emotionally and financially, and we want to offer you clear, compassionate answers throughout your claim. Contact us today to schedule your consultation and find out how our personal injury lawyer can protect your rights and your family’s future.