After losing a close family member or loved one, thinking about pursuing compensation may be the furthest from your mind. However, if someone else is responsible for causing their death, you may have the opportunity to ensure your loved one gets the justice they deserve.
You may be able to take legal action into your own hands by pursuing a wrongful death claim against the guilty party. Here at Harrison & Hart, we can ensure you and your family get the closure you need. Contact a wrongful death attorney in New Mexico at (505) 295-3261 to get started today.
Our compassionate Albuquerque wrongful death lawyers are here to help you through these challenging times. Our legal team in New Mexico is ready to review your case and fight for the compensation you and your lost loved one deserve.
What is Wrongful Death?
Under New Mexico Statute Section 41-2-1, wrongful death can occur through any negligent, illegal act or the default of another. This means the defendant does not need to have the intent to cause the decedent’s death for a wrongful death claim to be filed against them.
Wrongful deaths can occur through intentional acts of violence, medical malpractice, or negligent actions. Defendants may also face criminal charges concerning causing wrongful death claims. For example, if a drunk driver causes the decedent’s death following a car accident, the drunk driver may face criminal DUI charges.
However, your wrongful death claim differs from any criminal charges the defendant may face. In a wrongful death claim, you seek compensation for how your life and the decedent’s life were affected by the liable party’s actions.
If the defendant is found guilty in criminal court, they will face criminal penalties, including jail or prison time, fines, and other consequences, instead of compensating you.
What Are Examples of Wrongful Death Cases?
Wrongful death cases can occur in a variety of situations. However, whether your loved one passed away through an act of negligence or intentional violence, your family may hold the guilty party accountable.
Some of the more common types of wrongful death cases our firm has seen in the Albuquerque civil court system include:
These are just a few of the more common ways in which wrongful deaths can occur. If your loved one was killed in another type of accident or event, you might still have grounds for a wrongful death lawsuit.
Find out what legal options may be available when contacting your wrongful death attorney in Albuquerque, NM, for help.
Negligence occurs when someone owes a duty of care to another individual. Duty of care refers to a legal obligation to act in a reasonably safe and responsible manner to prevent harm to others. In wrongful death cases, the defendant must have been responsible for this duty to the deceased at the time of the incident. For a wrongful death lawsuit to be successful, it is necessary to prove that the defendant’s negligence was the cause of your loved one’s death.
For example, suppose your loved one was killed in a motor vehicle accident. In that case, your attorney may be tasked with proving that another driver was responsible for causing the decedent’s fatal injuries.
It could be considered negligence if the other active driver was speeding, tailgating, drunk, distracted, or engaging in unsafe driving behaviors.
To be successful, the defendant must have breached their duty of care for your negligence-based wrongful death claim. Your attorney can go over the elements of negligence with you in further detail to ensure that this element has been met so your civil wrongful death claim can proceed.
Who can File a Wrongful Death Case in New Mexico?
Under New Mexico law, the personal representative of the decedent’s estate has the authority to file the wrongful death claim. This could be virtually anyone the decedent named to handle their estate upon their passing. This could include a surviving spouse, parents, adult children, or other parties.
The personal representative of the decedent’s estate will be responsible for ensuring that the claim is filed before the three-year statute of limitations expires. If the liable party is a government agency, additional steps are taken to ensure the claim is handled in accordance with the law.
In Albuquerque, a variety of damages can be awarded for wrongful death claims. Some of the more common types of losses your family may recover as part of your wrongful death lawsuit include:
Punitive damages are awarded, although rarely, in wrongful death claims. They can be issued when the court finds the defendant’s conduct intolerable, offensive, grossly negligent, or reprehensible.
They are designed to punish the defendant and send a message to the Albuquerque community that the courts will not tolerate this type of conduct.
New Mexico law places strict deadlines on wrongful death claims. In most cases, families have three years from the date of death to file a wrongful death lawsuit. If the deadline passes before a claim is filed, surviving family members may permanently lose the right to recover compensation.
Although three years may sound like a long time, building a strong wrongful death case often requires immediate investigation. Important evidence can disappear quickly after a fatal accident or incident. Surveillance footage may be erased, accident scenes can change, medical records may become more difficult to obtain, and witnesses’ memories often fade over time.
Certain cases may involve even shorter deadlines. Claims involving government agencies, police misconduct, dangerous road conditions, or deaths occurring in jails or detention facilities may require formal notice within a much shorter timeframe under New Mexico law. Failing to meet these notice requirements can jeopardize your ability to pursue compensation.
Because every case is different, it is important to speak with an attorney as soon as possible after the loss of a loved one. Harrison & Hart can evaluate the applicable deadlines, preserve evidence, and begin investigating the circumstances surrounding the death before critical information is lost
What’s the Process for a Wrongful Death Suit?
To file a wrongful death lawsuit, your first step will be to contact a personal injury lawyer in Albuquerque for help. You need to find out whether you have the authority to file the wrongful death claim or identify the personal representative of the decedent’s estate.
Your attorney will thoroughly investigate your case to determine who is responsible for causing your loved one’s death. Throughout the investigation, we will gather valuable evidence to support your case, such as:
Once your lawyer has determined who is responsible for causing the decedent’s death, we will move forward with filing your insurance and civil wrongful death claims.
Wrongful death cases are emotionally difficult and legally complex. Families are often left searching for answers while facing overwhelming grief, financial uncertainty, and pressure from insurance companies or government entities. Having the right legal team can make a significant difference during this process.
Harrison & Hart represents families throughout New Mexico in serious wrongful death litigation involving fatal car accidents, medical negligence, dangerous property conditions, civil rights violations, and deaths caused by government misconduct. The firm is prepared to investigate complex claims, preserve critical evidence, and pursue accountability against individuals, corporations, insurers, and public entities.
Wrongful death lawsuits frequently require extensive investigation and expert analysis. Harrison & Hart works to uncover the full circumstances surrounding a fatal incident by reviewing medical records, accident reports, surveillance footage, witness statements, and other evidence that may establish negligence or misconduct.
Acting quickly can be critical in these cases, particularly when evidence may disappear or when government agencies are involved. The firm takes immediate steps to preserve important evidence and protect clients’ legal rights from the outset of a case.
Unlike high-volume firms that treat clients like case numbers, Harrison & Hart provides direct communication and personalized representation throughout every stage of the case. Families deserve honest guidance, timely updates, and attorneys who are prepared to aggressively advocate for their interests both inside and outside the courtroom.
The firm also handles wrongful death cases involving police misconduct, jail deaths, and other civil rights violations — a highly specialized area of litigation that many personal injury firms do not pursue. These cases often involve unique legal challenges, accelerated deadlines, and aggressive defense tactics from government agencies. Harrison & Hart understand the complexities involved in pursuing justice in these claims.
While no legal action can undo the loss of a loved one, a wrongful death lawsuit can help families secure financial stability, obtain answers, and hold negligent parties accountable for the harm they caused.
Under New Mexico law, wrongful death claims are typically filed by the personal representative of the deceased person’s estate on behalf of surviving family members. Compensation may ultimately benefit a spouse, children, parents, or other eligible relatives, depending on the circumstances of the case.
Every wrongful death case is different. The value of a claim may depend on factors such as the deceased person’s age, earning capacity, medical expenses, funeral costs, loss of financial support, and the emotional impact on surviving family members. Cases involving reckless or intentional misconduct may also involve punitive damages.
Wrongful death claims are often supported by accident reports, medical records, expert testimony, witness statements, surveillance footage, employment records, and other evidence showing how the death occurred and who was responsible.
Some wrongful death claims may resolve through settlement negotiations in a matter of months, while others can take significantly longer if litigation becomes necessary. Cases involving disputed liability, catastrophic injuries, or government entities are often more complex and time-consuming.
Yes. A wrongful death lawsuit is a civil claim that is separate from any criminal case. Families may still pursue compensation even if prosecutors decline to file criminal charges or if the responsible party is acquitted in criminal court.
Surviving family members may be able to recover compensation for medical expenses, funeral and burial costs, lost income and benefits, loss of companionship, and the emotional suffering associated with the loss of a loved one.
It is important to avoid speaking with insurance companies before consulting an attorney. Preserving evidence and beginning an investigation early can be critical to protecting your family’s legal rights. Harrison & Hart can review the circumstances of the death and explain your legal options during a confidential consultation
Call Harrison & Hart, LLC – The Right Firm for Your Case
Although wrongful death claims can be particularly complex and emotionally overwhelming, you can rest easier when you have an experienced wrongful death attorney in Albuquerque, NM advocating for your family. The claims process may go more smoothly with our firm by your side. We have a proven track record of success.
Find out how we can help your family get justice when you contact Harrison & Hart, LLC for a no-cost, risk-free consultation. Take advantage of this opportunity by calling our office at (505) 295-3261 or filling out our quick contact form.
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From our office in Albuquerque, Harrison & Hart, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.
