When a person is injured due to the negligence of another party, they have a right to seek damages by filing a personal injury claim. However, if the victim passes away as a result of those injuries, their surviving family members may be compensated instead through a wrongful death lawsuit. While no amount of money will make up for the death of a loved one, it can help relieve the financial burden brought on by their sudden passing. Since these types of cases can be especially complex, they are best handled by a qualified wrongful death lawyer. Below is an overview of how such lawsuits work in New Mexico.

A Guide to Wrongful Death Lawsuits in New Mexico

Who Can File for Damages

In New Mexico, wrongful death lawsuits must be filed by a personal representative of the victim’s estate. This is usually someone named in the decedent’s estate plan. If that person is unable or unwilling to file or if there isn’t an estate plan, the court will appoint someone to serve as a personal representative, such as a surviving spouse, adult sibling, or parent, if the victim is a minor. Any damages that are awarded will go to the decedent’s spouse, children, grandchildren, parents, and siblings. Under state law, the statute of limitations on wrongful death lawsuits is three years from the date of death. 

What Constitutes a Wrongful Death

Wrongful deaths occur when a victim passes away from injuries caused by someone else’s negligent or intentional actions. Some of the most common reasons why wrongful death lawyers help families pursue compensation are medical malpractice, drunk or distracted driving, defective products, dog bites, and murder.

How to Prove Fault 

To have a successful claim, the plaintiff must be able to establish liability. A wrongful death lawyer will need to show the court that the defendant owed the victim a duty of care that was breached. Then, they will have to prove the defendant’s actions were the direct cause of death and that the victim suffered damages. 

What Recoverable Damages Are Typically Awarded

If liability is proven, the victim’s surviving family members may be awarded a variety of damages depending on the circumstances of the case. These include: 

• Medical costs related to the fatal injury
• Funeral and burial expenses
• Loss of companionship
• Loss of inheritance
• Mental anguish resulting from the death of a loved one
• Pain and suffering the victim experienced before passing

If you have recently lost a loved one due to someone else’s negligent or malicious behavior, don’t hesitate to contact a wrongful death lawyer to explore your legal options. With more than 40 years of experience, Gary C. Mitchell, P.C. has helped many residents in Ruidoso, NM, obtain justice for a family member’s unnecessary death. He has extensive knowledge of personal injury law and understands how to put together a strong case. Call (575) 257-3070 to arrange a consultation, or visit him online for more information on his long-standing legal background.