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How Our Albuquerque Wrongful Death Attorney Can Help

Wrongful Death Attorney New Mexico- Raymon Law Group

Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience. In such difficult times, seeking legal representation can help you pursue justice and financial compensation for your loss. 

At Raymon Law Group, our experienced Albuquerque wrongful death attorneys are committed to helping families navigate the legal process and hold the responsible parties accountable. Contact us at (505) 390-1040 for Free Consultation.

New Mexico Wrongful Death Attorney

What Is a Wrongful Death Under New Mexico Law?

Under New Mexico law, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another party. This is outlined in New Mexico Statutes § 41-2-1, which allows the deceased’s personal representative to file a lawsuit on behalf of the surviving family members.

Key Elements of a Wrongful Death Case in New Mexico

To establish wrongful death, the plaintiff must prove:

  • Breach of Duty – The defendant acted negligently, recklessly, or wrongfully.
  • Causation – The defendant’s actions directly caused the victim’s death.
  • Damages – The death resulted in losses, such as financial and emotional suffering.
  • Duty of Care – The defendant owed a duty of care to the deceased.
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Common Causes of Wrongful Death in Albuquerque

Wrongful death cases can arise from various incidents, including:

1. Motor Vehicle Accidents

Car, truck, and motorcycle accidents caused by reckless driving, DUI, distracted driving, or speeding often lead to fatal injuries, making them a leading cause of wrongful death claims.

2. Medical Malpractice

Negligent healthcare providers may be liable for wrongful death if a patient dies due to misdiagnosis, surgical errors, medication mistakes, or other medical negligence.

3. Workplace Accidents

Unsafe working conditions, defective equipment, or lack of proper safety measures can lead to fatal injuries, particularly in industries like construction, manufacturing, and oil and gas.

4. Defective Products

Manufacturers, distributors, or sellers of defective products that cause fatal injuries may be held accountable under product liability laws.

5. Premises Liability Accidents

Property owners who fail to maintain a safe environment can be liable for wrongful deaths resulting from slip-and-falls, structural collapses, or unsafe premises.

6. Criminal Acts

Homicides, assaults, and other violent crimes can result in wrongful death claims alongside criminal charges against the offender.

Who Can File a Wrongful Death Claim in New Mexico?

In New Mexico, wrongful death lawsuits must be filed by the personal representative (executor) of the deceased person’s estate. The compensation recovered is typically distributed to the deceased’s surviving family members, such as:

  • Spouse
  • Childrens
  • Grandchildren (if the children are deceased)
  • Parents or siblings (if no spouse or children exist)

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What Compensation Can You Recover in a Wrongful Death Claim?

In a wrongful death claim, the compensation (also known as damages) is meant to provide financial relief for the losses suffered by the surviving family members and the deceased’s estate. In New Mexico, these damages fall into three main categories: economic, non-economic, and punitive damages.

1. Economic Damages (Tangible Financial Losses)

These are measurable losses that result from the death and include:

  • Medical expenses incurred before the person’s death
  • Funeral and burial costs
  • Lost income and future earnings the deceased would have provided
  • Loss of benefits, such as health insurance or retirement pensions
  • Loss of inheritance due to the untimely death

2. Non-Economic Damages (Emotional and Intangible Losses)

These compensate for the emotional and psychological impact of losing a loved one:

  • Loss of companionship and guidance (for spouses, children, or dependents)
  • Emotional distress and mental anguish of the surviving family members
  • Pain and suffering experienced by the deceased before death

3. Punitive Damages (Punishment for Reckless or Intentional Conduct)

These are awarded only in cases of extreme negligence, recklessness, or intentional misconduct (e.g., drunk driving or medical malpractice involving gross negligence).

Punitive damages are meant to punish the wrongdoer and prevent similar behavior in the future.

Frequently Asked Questions

You Have Questions. We Have Answers.
To succeed in a wrongful death case, you must prove: The defendant had a duty of care toward the deceased. The defendant’s actions or negligence breached that duty. The breach directly caused the death. The surviving family suffered damages as a result.
Yes. A wrongful death claim is a civil lawsuit, separate from any criminal charges that the responsible party may face. Even if criminal charges do not result in a conviction, you can still pursue compensation in a wrongful death lawsuit.
The duration of a wrongful death case depends on various factors, including the complexity of the case, negotiations with insurance companies, and whether the case goes to trial. Some cases settle in months, while others may take years.

The amount of compensation varies based on factors such as the severity of your injuries, medical expenses, lost wages, and the impact on your quality of life. An attorney can assess your case and provide an estimate.

The value of a wrongful death claim depends on factors like medical bills, funeral costs, lost income, and the emotional impact on surviving family members. Our attorneys can evaluate your case and estimate potential compensation.
Raymon Law Group- Albuquerque Personal Injury Lawyer

Location Served

We Represent
Individuals & Families
throughout New Mexico

Raymon Law Group’s Albuquerque personal injury lawyers are based at our main office in the heart of downtown Albuquerque at 500 Marquette Ave. NW, Ste. 1200. 

We also have our Office at Santa Fe located at 150 Washington Ave, Suite 201. If you’re unable to visit us, our attorneys are happy to meet you at your home or hospital to discuss your case.

Contact a New Mexico Wrongful Death Attorney Today

Choosing the right Wrongful Death Attorney is crucial during such a difficult time. At Raymon Law Group, our Experienced Attorneys have a proven track record of successfully handling Wrongful Death Cases throughout New Mexico. We also offer personalized attention, understanding the emotional toll these cases take, and provide compassionate, dedicated support tailored to your family’s needs. 

Raymon Law Group operate on a contingency basis, so you don’t pay any fees unless we win your case.

Raymon Law Group- Albuquerque Personal Injury Lawyer
CALL (505) 390-1040