The emotional toll of losing a loved one due to someone else’s carelessness cannot be measured. Families face overwhelming grief, uncertainty, anger, and unexpected financial burdens. Pursuing a wrongful death lawsuit is not about vengeance; it’s about seeking justice, accountability, and financial stability.
The legal system exists to protect our rights, including the rights of the surviving family members. Though the process can feel daunting, bringing a lawsuit can provide closure, financial support, and responsibility.
What Is a Wrongful Death Lawsuit?
A wrongful death suit is a legal action brought by the personal representative of a person whose death was caused by the negligence or misconduct of another party. Wrongful death suits commonly arise from medical malpractice, workplace incidents, motor vehicle accidents, homicides, and defective or dangerous products.
While monetary compensation for the surviving family is a critical component, the primary purpose of a wrongful death action is to hold the responsible party accountable and to establish a clear legal record of their wrongful conduct. This process not only provides financial support to those affected by the loss, but also serves as a formal recognition of the harm caused, helping survivors seek justice and closure.
Why Filing a Wrongful Death Claim Matters
Emotional Closure for Families
Grieving a sudden loss is complex. For many families, filing a lawsuit helps them to heal. A court ruling that the death was wrongful can validate the family’s pain and confirm that their loved one’s death was unjust and preventable. This process empowers survivors, shifting them from a place of helplessness to advocacy.
Financial Relief After a Tragic Loss
Generally speaking, the death of a family member has financial ramifications. The deceased might have been a caregiver or the primary income earner. Not only does sudden loss break hearts; it also disrupts the financial foundation of a family.
Wrongful death lawsuits help families get back on their feet by compensating them for certain losses, including:
- Medical expenses incurred before death,
- Funerals and burials costs,
- Loss of current and future income/wages,
- Loss of companionship and emotional support, and
- Pain and suffering of surviving family members.
This financial recovery ensures that families are not left behind after an unnecessary tragedy. Monetary recovery can be used to promote healing within the family through a variety of means, such as paying for higher education expenses, providing for the surviving spouse’s care, or covering counseling costs and bereavement support for grieving family members.
Holding the Negligent Party Accountable
Making the responsible person answerable is among the best reasons to seek a claim. Legal action serves as a means to prevent ongoing carelessness and recklessness by individuals and companies. By pursuing claims, families not only ensure justice for themselves; they also promote safety in their communities by discouraging future misconduct by wrongdoers.
Both the punishment of egregious behavior and the prevention of future misconduct are embedded in our legal system through punitive damages, which may be awarded if a tortfeasor’s conduct is especially malicious, reckless, or wanton.
Companies usually change policies or practices in response to wrongful death lawsuits. The legal system’s strength is that it instills responsibility in ways that can affect people outside of a single family.
By taking action, your family contributes to preventing future harm in your community.
The Legal Process: What Families Should Know
Who Can File a Wrongful Death Lawsuit in New Mexico? How is the Compensation Distributed?
In New Mexico, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. Even though the representative files the lawsuit, the damages recovered are meant to benefit the surviving family members as defined by law. The compensation from a wrongful death claim is distributed as follows:
If the deceased leaves behind a spouse but no children: The spouse receives all of the damages.
If the deceased leaves behind both a spouse and children (or grandchildren): The damages are split equally—half to the spouse and half to the children or grandchildren (with grandchildren inheriting their parent’s share if a child of the deceased is also deceased).
If there is no spouse but there are children or grandchildren: The entire amount goes to the children and grandchildren, divided by right of representation.
If the deceased was a minor, unmarried, and had no children: The proceeds go equally to the parents, or to the surviving parent if one is deceased.
If there is no surviving spouse, child, grandchild, or parent: The damages go to any surviving siblings.
If none of the above relatives exist: The proceeds are handled according to state laws governing the distribution of a deceased person’s personal property.
Importantly, the judgment from a wrongful death case cannot be used to pay the deceased person’s debts. This ensures that the compensation serves its intended purpose: supporting the surviving family members affected by the loss.
What’s the Statute of Limitations?
The statute of limitations is a legal term of art that refers to the time by which you must file a lawsuit. In New Mexico, you generally must file a wrongful death claim within three years of the date of death (NMSA 1978, § 41-2-2). However, some wrongful death claims must be filed sooner, and for certain claims, notice must be given within 90 days of the wrongful death (NMSA 41-4-15, NMSA 41-4-16, 28 U.S. Code § 2401, NMSA § 37-1-24). Missing this critical legal deadline could mean permanently losing your right to seek justice and compensation.
Because wrongful death cases often involve complex procedures, strict timelines, and detailed documentation, it’s easy to feel overwhelmed or unintentionally miss critical steps. That’s why it’s so important to speak with an experienced accidental death attorney as soon as possible.
Acting early not only preserves your rights, it gives your case the strongest chance of success. A skilled attorney can help ensure your case is filed on time, guide you through the legal process, and identify the types of compensation you may be entitled to.
How a Lawyer Can Help
Experienced accidental death attorneys handle the legal heavy lifting. Wrongful death claims are complex and emotionally charged. An attorney can:
- Collect medical and forensic evidence,
- Consult with experts (e.g., accident reconstructionists, medical professionals),
- Deal with insurers and opposing counsel,
- Guide you through settlement negotiations or trial, and
- Help you uncover the full range of compensation you may be entitled to, including loss of household services, emotional distress, and interest on awarded damages.
Connect with Compassionate Wrongful Death Lawyers
At Parnall & Adams Law, we understand wrongful death cases are about people, not just legal arguments. Our team of accidental death attorneys brings legal strength, compassion, a commitment to justice, and strong advocacy to every case.
Let us help you navigate this difficult time. Your voice matters – we’re here to make it heard.
Contact us today for a free consultation.
FAQs
Is there an exception to the time limit for filing a wrongful death claim?
Yes, New Mexico generally requires wrongful death claims to be filed within three years of the date of death (NMSA § 41-2-2). However, the three year time limit may not apply to all wrongful death claims. For example, claims against state and local governments or government employees are subject to a two year statute of limitation (NMSA § 41-4-16), claims against the federal government or its employees (NMSA § 41-4-15) etc. If you do not file a lawsuit within the time allowed, you lose your claim forever, therefore, it’s essential to speak with an experienced wrongful death attorney promptly to avoid missing the critical deadline.
Are wrongful death damages and settlement taxable?
Wrongful death settlements are generally not taxable if the damages are received for physical injuries or sickness, including amounts awarded for emotional distress tied to physical harm. This is governed by IRC Section 104(a)(2), which excludes such compensatory damages from gross income. However, punitive damages, or amounts awarded for non-physical injuries like defamation or emotional distress not connected to a physical injury, are usually taxable under IRC Section 61. If the settlement agreement is vague, the IRS will examine the intent behind the payment to determine taxability. To ensure the proper tax treatment and avoid surprises, it’s crucial to consult a qualified attorney or tax advisor when dealing with a wrongful death settlement.
What if the deceased was partially at fault?
New Mexico follows a “pure comparative negligence” rule. This means that even if the deceased was partially, or even mostly, at fault, the surviving family may still recover damages. The total compensation is simply reduced by the percentage of the deceased’s fault. For example, if total damages amount to $100,000 and the deceased was 30% at fault, the recoverable amount would be $70,000. Unlike some states that bar recovery if the deceased was more than 50% at fault, New Mexico allows recovery even if the deceased was 99% responsible. Because insurance companies often use comparative fault to minimize payouts, it’s essential to consult an experienced wrongful death attorney to assess the facts, contest unfair fault assessments, and protect your claim.
Can you file a wrongful Death lawsuit if criminal charges are also being filed?
Yes, you can file a wrongful death lawsuit even if criminal charges are also being pursued against the responsible party. Criminal cases are filed by the state to punish the wrongdoer, while wrongful death lawsuits are civil actions brought by the deceased’s personal representative to recover damages for the family. These are separate proceedings, and a civil case can move forward regardless of whether there is a criminal conviction. In fact, the burden of proof in civil court is lower than in criminal court, meaning you may win compensation even if the accused is not convicted.
What happens if more than one person is responsible for the death?
If multiple parties share responsibility for the death, each can be held liable under New Mexico’s joint and several liability rule. This means that even if one party is only partially responsible, they can still be required to pay the full amount of damages, especially if the others are unable to pay. It is then up to that party to seek contribution from the others. This legal structure helps ensure that the family receives full compensation, even in complex cases with multiple at-fault parties.
Do I really need a lawyer to file a wrongful death claim?
While New Mexico law does not require you to hire an attorney to file a wrongful death lawsuit, the process is legally complex and emotionally taxing. These cases involve strict deadlines, determining legal standing, calculating various types of damages, and navigating potential disputes over liability. A skilled wrongful death attorney can help ensure you meet filing requirements under the three-year statute of limitations and build a strong, well-documented case that honors your loved one’s memory and secures the compensation your family deserves.
What types of damages or compensation can be recovered in a wrongful death lawsuit?
In New Mexico, wrongful death lawsuits allow surviving family members to seek compensation for various losses resulting from their loved one’s death. The damages awarded fall into three primary categories:Actual or Compensatory Damages, and Exemplary Damages.
Actual damages are intended to compensate the plaintiff for losses suffered as a result of the defendant’s conduct. These include special damages, which cover specific, measurable financial losses such as medical expenses, lost wages, or funeral costs, and must be proven with documentation. They also include general damages, which refer to non-economic losses like pain and suffering, emotional distress, or loss of companionship, losses that are more subjective and harder to quantify.
Exemplary damages are meant to punish the defendant and deter similar misconduct. This category includes punitive damages, awarded when the defendant’s behavior was particularly egregious, willful, or malicious, and treble damages, which are a statutory form of punishment that allows the court to triple the amount of actual damages awarded. While special and general damages serve a compensatory purpose, exemplary damages serve a punitive function, distinguishing them in both intent and effect.
Why should I handle a wrongful death matter using Parnall & Adams Law?
Many families facing wrongful death cases find reassurance in the thoughtful approach at Parnall & Adams Law. Others have appreciated our clear communication and attention to detail, which helps make the legal process less overwhelming. Clients often mention feeling truly supported throughout their case, noting that the team works diligently to seek fair compensation while respecting the personal nature of each claim. It’s this balance of professionalism and empathy that many say sets us apart in Albuquerque.
While the law can be complex, having guidance from people who listen and understand your situation can make all the difference.