New Mexico Wrongful Death Attorneys

Compassionate Legal Counsel for Grieving Families

When a loved one dies unexpectedly, the pain is often unbearable. This pain is only compounded when the death is due to the negligence or wrongful actions of another person or party. In these cases, surviving family members may be able to file a wrongful death claim to seek justice and compensation for their losses.

At Simon Perdue Law, we understand the profound grief that comes with losing a loved one. Our New Mexico wrongful death lawyers are here to provide the compassionate legal support you need during this difficult time. We will handle all of the legal details of your case so you can focus on your family and healing.

Call our office at (505) 588-5962 or submit an online contact form to schedule a free, confidential consultation today.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of personal injury claim that is filed by the surviving family members of a person who is killed as a result of another person or party's negligence or wrongful actions. The purpose of a wrongful death claim is to seek compensation for the damages the surviving family members have incurred as a result of the death.

While no amount of compensation can make up for the loss of a loved one, a successful wrongful death claim can help the surviving family members get the financial resources they need to cover:

• Medical bills
• Funeral and burial costs
• Lost wages and benefits
• Pain and suffering
• Loss of consortium
• Loss of household services
• And more

Who Can File a Wrongful Death Lawsuit in New Mexico?

In New Mexico, the right to file a wrongful death lawsuit is governed by state law, specifically the New Mexico Wrongful Death Act. Under this law, certain individuals are eligible to seek damages for the wrongful death of a family member. However, all wrongful death lawsuits must be brought by the personal representative of the deceased person’s estate – which is typically the person named in the deceased’s estate plan. 

If there is no estate plan, the court will appoint someone to serve.

According to N.M. Stat. § 41-2-1, damages from a wrongful death lawsuit are distributed as follows:

• Surviving spouse with no children: all proceeds go to the surviving spouse.
• Surviving spouse and children/grandchildren: one-half goes to the spouse and the other half is divided among the children and grandchildren.
• Children with no spouse: all proceeds are divided among the children and grandchildren.
• No spouse or children: all proceeds go to the deceased's father and mother.
• No spouse, children, or parents: all proceeds go to any surviving siblings.

Statute of Limitations: How Long Do I Have to File?

In New Mexico, the statute of limitations on wrongful death claims is three years from the date of death. If you do not file your claim within this time frame, you will almost certainly be barred from filing a claim at all. There are very few exceptions to this rule, so it is in your best interest to get started on your case as soon as possible.