Everyone wishes for a long and happy life. When a life is cut short, it is always a tragedy.
It’s even worse if someone else’s negligence caused the death. As the New Mexico law defines it, a wrongful death is caused by “a wrongful act, neglect or default of another.” That can happen because of a driver’s negligence or a doctor’s error. It can also mean criminal acts such as manslaughter.
Whatever the cause of the wrongful death, the surviving family is entitled to hold accountable those responsible for the death. That accountability comes in the form of a wrongful death lawsuit. In a personal injury lawsuit, the injured person can directly file the complaint.
Who can file a wrongful death lawsuit in New Mexico?
That is one of the many questions an experienced New Mexico wrongful death attorney can answer and clarify. State law is specific about who can make a claim of this nature and when it must be filed.
New Mexico Wrongful Death Statute
It is common for friends, neighbors, and coworkers to experience the profound loss of someone who has died. However, it is only the surviving family who’s entitled to file a wrongful death claim in New Mexico. Within the family, New Mexico law is very specific about who can file and how any settlement would be distributed.
Everyone has an estate regardless of their wealth and position in the community. Upon the death of that person, a representative of the estate is entitled to file the wrongful death claim on behalf of the family. That representative is typically the executor of the estate designated in the decedent’s will.
If there is no will or a named executor, the court will appoint one, and that will usually be a spouse.
According to New Mexico law, the proceeds of any judgment will not go to any debt of the deceased. Instead, the settlement will be distributed in the following order according to the law:
“A. if there is a surviving spouse and no child, then to the spouse;
- if there is a surviving spouse and a child or grandchild, then one-half to the surviving spouse and the remaining one-half to the children and grandchildren, the grandchildren taking by right of representation;
- if there is no husband or wife, but a child or grandchild, then to such child and grandchild by right of representation;
- if the deceased is a minor, childless, and unmarried, then to the father and mother who shall have an equal interest in the judgment, or if either of them is dead, then to the survivor;
- if there is no father, mother, husband, wife, child, or grandchild, then to a surviving brother or sister if there are any; and
- if there is no kindred as named in Subsections A through E of this section, then the proceeds of the judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons.”
Filing in Court
A wrongful death lawsuit is a civil matter handled by the civil courts. It is likely that the at-fault party could also be facing criminal charges for the same incident. That could mean they will be on trial in two courts. Your wrongful death lawyer will only handle the civil case, but they could share information with the state prosecutor.
When you file a wrongful death lawsuit, your attorney will present evidence of the negligent act that caused the death. You’ll also provide testimony about how that death has impacted your family.
At the end of the trial, the jury will decide if the defendant should be held responsible for the death. They can award compensatory and punitive damages. Compensatory damages are all the expenses associated with the loss of your loved one, including the financial burdens caused by their lost income and future earning potential.
Punitive damages are a separate amount meant to serve as a punishment to the at-fault party and a deterrent against future acts. Punitive damages can significantly add to your final settlement award.
Finding Closure
A wrongful death often disrupts a family’s grieving process. They won’t be able to move forward until the matter is resolved. That is why you need to retain the services of skilled attorneys like those working at the Barrera Law Group, LLC, to help litigate the claim.
We will always strive to negotiate the maximum benefits for our clients.
We want a fast and fair resolution that will bring closure to the family and set up a secure financial future.