Wrongful death is classified as a type of personal injury claim in Albuquerque. New Mexico defines what constitutes a wrongful death claim, who can file them, and what kind of damages are possible under The Wrongful Death Act; statute section 41-2-1. This section of statutes defines wrongful death as one that was “caused by the wrongful act, neglect, or default of another.” In addition to wrongful death civil lawsuits, at-fault parties can face criminal charges in New Mexico. Depending on the circumstances of the situation, tribal, state, or federal prosecutors may charge the at-fault party with homicide and other violations of the law.
New Mexico law requires a personal representative of the deceased individual’s estate file on the decedent’s behalf. In most cases, this is a surviving spouse if the victim was married, or adult siblings or children named as executors of the estate. In instances where the deceased did not name an executor, one can be appointed by the courts.
It is important to note that while New Mexico statutes for wrongful death lawsuits require a personal representative to file the claim, any damages awarded do not go to that person. They are bestowed to and held by the estate for the benefit of the surviving family members. The law defines who is considered a surviving family member and the amount of awarded damages they are eligible to receive.
New Mexico statutes clearly define the type of damages that can be awarded in a wrongful death lawsuit. Personal representatives can file for recoverable damages for the following categories:
It is possible to pursue punitive damages in some wrongful death claims. Punitive damages are wholly appropriate when gross negligence or deliberate recklessness directly caused the deceased person’s death. They are meant to punish the at-fault party for their egregious actions.
Clients who entrust wrongful death lawsuit claims with Cameron & Russell will be advised of the entire process. From the initial consultation with our team to filing the claim and attending legal proceedings, we ensure our clients are informed and prepared every step of the way.
Here is what wrongful death claimants can expect from the process:
Bill Russell and Marcus Cameron are the faces behind Cameron & Russell. We go the extra mile for our clients to pursue personal injury claims and provide criminal defense. We approach every case with a fresh eye to detail and the determination to represent our clients to the fullest extent the law allows. We passionately defend clients facing criminal charges, and relentlessly seek out fair compensation for personal injury claims. No matter your situation, we promise to tirelessly represent your legal needs.
500 Marquette Ave NW Suite 1200
Albuquerque, NM 87102
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