Losing a loved one due to someone else’s negligence is a deeply painful experience—and pursuing a wrongful death claim can feel overwhelming in the midst of grief. If you find yourself in this situation, working with a reliable wrongful death attorney in Albuquerque can provide clarity, support, and a path toward justice. Here’s what families should know as they move forward.
Understanding New Mexico’s Wrongful Death Law
Under New Mexico law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party—the same kind of action that would support a personal injury case had the person survived. The statute allows the deceased’s estate, through a personal representative, to recover damages on behalf of surviving family members.
It’s important to know that only the personal representative of the decedent’s estate may file the claim in New Mexico courts, not individual family members directly. If no representative is named or able to act, the court can appoint one.
Statute of Limitations & Timing
One of the first and most critical steps is acting promptly. In New Mexico, wrongful death claims generally must be filed within three years from the date of death. Missing this deadline will likely prevent the claim from being heard in court.
Because medical malpractice can give rise to wrongful death claims, the legal deadlines for malpractice cases may also apply.
Types of Recoverable Damages
A successful claim may recover losses that a decedent would have pursued had they lived, including:
- Medical and funeral expenses
- Lost earnings and benefits
- Loss of household contributions
- Pain and suffering endured before death
- Emotional distress, loss of companionship, and guidance for survivors
New Mexico law requires that any judgment proceeds not be used to satisfy the decedent’s debts, and the distribution of proceeds follows statutory rules.
Why Choosing the Right Attorney Matters
A wrongful death attorney in Albuquerque experienced in both wrongful death and medical malpractice matters can help you understand legal deadlines, gather evidence, coordinate expert testimony, negotiate with insurers, and ensure the claim is filed and prosecuted properly.
At the Law Offices of Erika E. Anderson, we are committed to compassionately guiding families through this difficult process. If you believe your loved one’s death resulted from negligence or wrongdoing, reach out to us to schedule a consultation and explore your legal options. Your family deserves advocacy, dignity, and justice.