New Mexico Wrongful Death Lawyers

Suffering the tragic loss of a loved one at the hands of negligent individuals, companies, or medical professionals is a devastating experience. At Flores Mendez Law, our compassionate and experienced New Mexico wrongful death lawyers will fight for the maximum compensation your family needs to move forward and the justice your loved one deserves.

What Constitutes a Wrongful Death In New Mexico?

New Mexico defines a “wrongful death” as the death of an individual resulting from “the wrongful act, neglect, or default of another,” as follows:

• Wrongful Act: For a wrongful act, you must prove that the at-fault party was negligent, such as causing a car accident, or criminal action, such as a shooting.
• Neglect: Neglect cases typically involve nursing homes and inattentive or improperly trained staff.
• Default of Another: Default of another involves the at-fault party failing to take appropriate action, leading to the death of another, such as a landlord not maintaining a safe premises.

If the deceased would have been entitled to file a personal injury claim, had they lived, their death is considered wrongful under state law. Wrongful death claims often result from the following types of events:

• Accidents: Negligent accidents, such as car accidents, truck accidents, slip and fall accidents, or dog bites.
• Medical Malpractice: Negligent medical actions or inactions, such as surgical errors, medication mistakes, birth injuries, misdiagnosis, or failure to treat.
• Intentional Acts: Reckless and intentional acts that endanger others, such as assault, assault with a deadly weapon, murder, homicide, manslaughter, and other criminal acts.

Wrongful death claims may proceed alongside criminal prosecution of the at-fault party; however, they are separate legal proceedings. Criminal cases seek to punish the responsible party through criminal penalties, such as fines or prison time. Wrongful death lawsuits are civil proceedings meant to bring justice to surviving family members who suffer unimaginable losses as a result of their loved one’s death.

Who Can File a Wrongful Death Claim?

In New Mexico, only a personal representative can file a wrongful death claim for a decedent’s estate, typically named in a will or estate plan. The court appoints one if the decedent dies without a will or naming a representative.

While the personal representative is responsible for filing the wrongful death claim, damages are awarded to surviving family members according to New Mexico’s wrongful death statute. Eligible relatives include:

• Surviving spouse or domestic partner
• Surviving children or grandchildren
• Surviving parents, if there is no surviving spouse or child, or if the decedent is a minor
• Surviving siblings if there is no surviving spouse, child, or parent
• Any dependent or heir entitled to inherit via intestate succession

In cases involving multiple eligible beneficiaries, the court may oversee a fair distribution of any compensation.

Should I File a Wrongful Death Claim?

Surviving family members often hesitate to file a wrongful death lawsuit over fears of being perceived as trying to profit from a loved one’s death. However, you should never hesitate to consult an experienced attorney to review your case and discuss your legal options. There are two main purposes for filing a wrongful death lawsuit, including:

• To ensure that the deceased’s spouse, children, or parents, financially dependent on their loved one, will be appropriately compensated for living expenses.
• Protect other innocent lives by holding the responsible parties accountable to ensure they will not engage in similar deadly behavior.

What Compensation Is Awarded in Wrongful Death Claims?

Wrongful death claims are similar to personal injury claims in terms of seeking compensation. They are not intended to compensate for personal loss but to hold the negligent party accountable for their actions. You are entitled to pursue medical expenses, lost income, funeral expenses, and pain and suffering on behalf of the deceased.

A surviving spouse can also seek damages for loss of companionship, and family members may claim mental anguish. In some instances, punitive damages may be available if the responsible party’s conduct or actions were egregious, grossly negligent, or intentional.

Wrongful death lawsuits can be incredibly complex. Involving an experienced wrongful death lawyer as quickly as possible is critical to gather and preserve evidence and establish liability.

Is There a Deadline for Filing a Wrongful Death Lawsuit in New Mexico?

In New Mexico, a wrongful death claim must be filed within three years from the date of death to pursue compensation.

What Should I Do if My Loved One Died in an Accident?

A loved one’s sudden loss in an accident is a heartbreaking experience. While no legal action can truly compensate for your loss, pursuing a wrongful death claim can help provide a sense of justice and financial support. Following a loved one’s death, you should take the following steps:

• Collect and safeguard all relevant documents, such as medical, funeral, and other expenses; medical records; the deceased’s income statements; police reports; witness statements; and photos or videos from the accident scene.
• Avoid early settlement offers from insurance companies that likely undervalue your claim significantly. Consult an experienced wrongful death lawyer before accepting any offers.
• Contact an experienced New Mexico wrongful death lawyer as soon as possible to explain your legal rights, evaluate your case, and help you navigate the claims process.

Additionally, it is vitally important to seek support from family, friends, or a mental health professional to focus on your emotional well-being during the legal process.

How Can Flores Mendez Law Help Me With a Wrongful Death Claim?

Losing a loved one is a devastating experience, and navigating the legal process while grieving can feel overwhelming. Our New Mexico wrongful death lawyers provide the guidance and support you need and help ease some of the burden during this difficult time. At Flores Mendez Law, we can help in many ways, including:

• Explain your rights and what to expect throughout the process.
• Investigate the circumstances surrounding the death to establish liability.
• Gather evidence to support your claim.
• Interview witnesses to the accident.
• Calculate the total value of your damages with financial experts.
• Consult expert witnesses to provide testimony regarding the comprehensive impact of the death.
• Negotiate a maximum settlement with the insurance company.
• Prepare for trial if negotiations fail.

Additionally, a lawyer can help you and your family obtain a sense of closure and honor your loved one’s life.

The New Mexico Wrongful Death Lawyers at Flores Mendez Law Help Families Suffering Tragic Losses From Accidents

While no financial amount can compensate for the loss of a loved one, filing a legal claim allows you to hold the responsible party accountable and seek justice for your loved one. The skilled New Mexico wrongful death lawyers at Flores Mendez Law can help. Call 915-308-9999 or complete our online form to schedule a free consultation. Located in El Paso, Texas and Las Cruces, New Mexico, we serve clients throughout the surrounding areas.