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Difference between Wrongful Death and Criminal Homicide
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A Wrongful Death Claim is a civil lawsuit brought by the surviving family members or the estate of a deceased person. This type of claim seeks monetary damages from the party responsible for the death. Unlike criminal homicide, which aims to punish the offender, wrongful death claims focus on providing financial relief to the victim’s family.
At Raymon Law Group, our experienced Wrongful Death Lawyers fight aggressively to ensure victims receive the maximum financial Compensation. Call us at (505) 390-1040 for a free consultation today.
Common Causes of Wrongful Death in New Mexico
Many types of accidents and negligent actions can lead to a Wrongful Death Lawsuit in New Mexico. These include:
Car Accidents — Fatal crashes caused by drunk driving, reckless behaviour, or speeding. In New Mexico, alcohol-related crashes account for nearly 40% of all fatal accidents.
Truck Accidents — Collisions involving commercial vehicles due to driver fatigue, improper maintenance, or negligence. The New Mexico Department of Transportation reports that large trucks are involved in 11% of fatal crashes statewide.
Medical Malpractice — Errors by doctors, nurses, or hospitals, such as surgical mistakes, misdiagnosis, or delayed treatment. A 2016 study found that medical errors are the third leading cause of death in the U.S.
Workplace Accidents — Fatal injuries at work, especially in construction, oil fields, and manufacturing. The Bureau of Labor Statistics recorded 49 workplace fatalities in New Mexico in 2022, with most occurring in high-risk industries.
Defective Products — Unsafe consumer goods, pharmaceuticals, or machinery that cause fatal injuries. In some cases, manufacturers and distributors can be held accountable.
Who Can File a Wrongful Death Lawsuit in New Mexico?
n New Mexico, only the personal representative of the deceased’s estate can file a Wrongful Death Claim on behalf of the family. Compensation is typically distributed among the spouse, children, or parents of the deceased.
Damages Available in a Wrongful Death Case
Successful wrongful death claims can provide compensation for:
- Medical bills related to the deceased’s final treatment
- Funeral and burial costs
- Lost wages and future earnings
- Pain and suffering of surviving family members
- Loss of companionship and emotional distress
If your loved one’s death was caused by negligence, contact our New Mexico Wrongful Death Attorneys at (505) 257-4689 for legal guidance.
Criminal Homicide
Unlike Wrongful Death Lawsuits, Criminal Homicide involves criminal charges brought by the state against an individual or entity. This means that the government prosecutes the case rather than the victim’s family.
Types of Criminal Homicide in New Mexico
Under New Mexico law, criminal homicide falls into different categories:
First-Degree Murder — A premeditated and intentional killing, such as an assassination or contract killing.
Second-Degree Murder — A killing committed with knowledge of extreme risk but without premeditation, such as a fatal shooting during a heated argument.
Manslaughter — An unintentional killing due to reckless behaviour. Vehicular manslaughter caused by drunk driving is one of the most common forms in New Mexico, with hundreds of cases reported annually.
Negligent Homicide — Death caused by gross negligence, such as a careless workplace accident, failure to follow safety regulations, or reckless firearm use.
Punishments for Criminal Homicide
Convictions in New Mexico carry severe penalties, including:
First-degree murder — Life in prison without parole.
Second-degree murder — Up to 15 years in prison.
Manslaughter — Up to 6 years in prison.
Negligent homicide — Up to 1 year in jail.
Unlike wrongful death cases, which focus on financial compensation, criminal homicide convictions result in jail or prison time for the defendant.
Key Differences Between Wrongful Death and Criminal Homicide
Factor | Wrongful Death | Criminal Homicide |
Legal Process | Civil lawsuit filed by the estate | Criminal case prosecuted by the state |
Burden of Proof | Preponderance of the evidence (more likely than not) | Beyond a reasonable doubt |
Purpose | Financial compensation for family | Punishment for the offender |
Possible Outcome | Monetary damages awarded | Jail, prison, or other criminal penalties |
Can a Case Involve Both Wrongful Death and Criminal Homicide?
Yes, the same event can lead to both a criminal homicide case and a wrongful death lawsuit. For example:
If a drunk driver kills someone in a crash, they may face criminal charges for vehicular manslaughter while also being sued for wrongful death by the victim’s family.
A workplace accident caused by extreme negligence may lead to corporate manslaughter charges and a wrongful death lawsuit.
A violent assault resulting in death could be prosecuted as murder while also leading to a civil lawsuit for damages.
This dual approach allows the family to seek justice through the courts while also recovering financial compensation for their loss.
How a Wrongful Death Attorney Can Help
Navigating a wrongful death lawsuit is complex, and having an experienced Wrongful Death Lawyer is crucial. At Raymon Law Group, we handle all aspects of your case, including:
- Investigating the cause of death
- Gathering evidence to prove negligence
- Working with medical experts and accident reconstruction specialists
- Negotiating with insurance companies
- Filing lawsuits and representing families in court
Contact Raymon Law Group for a Free Consultation
If your family is grieving the loss of a loved one due to wrongful death, we are here to help. Our compassionate and skilled Wrongful Death Attorneys fight for justice and maximum compensation.
Don’t wait—the statute of limitations for wrongful death claims in New Mexico is three years from the date of death. Call Raymon Law Group today at (505) 257-4689 to schedule a free consultation. We serve families in Albuquerque and across New Mexico, helping them find justice and financial security after a tragic loss.
Frequently Asked Questions About Wrongful Death Claims
1. How long does a wrongful death lawsuit take?
The timeline varies, but cases typically take several months to a few years, depending on complexity and whether a settlement is reached.
2. How much is a wrongful death case worth?
Every case is different. Factors include medical expenses, lost income, and emotional distress. Our Wrongful Death Attorneys evaluate each case to maximize compensation.
3. Can multiple family members file a claim?
No, only the personal representative of the deceased’s estate can file the lawsuit. However, compensation is distributed to eligible surviving family members.
4. What if the deceased was partially at fault?
New Mexico follows a comparative negligence rule, meaning compensation may be reduced if the deceased was partially responsible for the accident.
5. How can I afford a wrongful death attorney?
At Raymon Law Group, we work on a contingency fee basis, meaning you pay nothing unless we win your case.
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