Call Us Today (505) 293-8888

Wrongful Death

Our Albuquerque Lawyers Guide Families through Wrongful Death Claims

In addition to the sadness and grief that accompanies the loss of a loved one; the financial burden can be enormous. Medical bills and lost income can add substantial strain during an already difficult time. Filing a lawsuit is probably the last thing on your mind. However, under New Mexico law — N.M. Stat. § 41-2-2 — you have only three years from the date of death in which to file your claim against the person or corporation who killed your family member. Call us for a free consultation with one of our compassionate and knowledgeable attorneys to find out if you may have a valid wrongful death claim pertaining to:

Auto crashes — The Centers for Disease Control and Prevention estimates that more than 30,000 people are killed in fatal motor vehicle accidents every year in the United States

Medical mistakes — Anesthesia overdoses, surgical mistakes and pharmaceutical errors are preventable medical malpractice that cause more than 100,000 patients' deaths each year nationally

Product liability — Deadly defective products may include medications, medical products, food, children's toys, household products, landscaping equipment and automobiles

Unsafe construction workplace conditions — Although New Mexico laws require employers in the building trade to carry workers' compensation, regardless how many employees are working on their construction sites, the family of a fatally injured worker may also have a civil claim against a noncompliant or grossly negligent employee or a third party

Wrongful death lawsuit procedures

Family members — such as a spouse, children or parents — of the person killed in an accident can bring a wrongful death claim for the damages they suffered because of the loss. The claim is based on the underlying personal injury. This means that you must prove that the other party was negligent and that this negligence resulted in your loved one's death. Your loved one's estate distributes the compensation recovered from the lawsuit to the family members who are entitled to the damages. These damages may include:

  • Burial and funeral expenses
  • Medical bills for your loved one's treatment
  • Lost wages, income, and benefits
  • Loss of child care, cooking, landscaping, housecleaning, accounting and other household services
  • Loss of your loved one's love, companionship, guidance, friendship, protection and moral support
  • Your own emotional distress, suffering, depression and anxiety