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Survival Action Lawsuits in New Mexico
At Raymon Law Group, we help families across Albuquerque and beyond understand their rights after a wrongful death. If you’ve lost someone due to another party’s negligence, call us Today.
PERSONAL INJURY LAWYER NEW MEXICO
Survival Action Lawsuits in New Mexico - What Families Need to Know
Losing someone you love is one of life’s most painful experiences, especially when their death could have been prevented. In the wake of a fatal accident caused by another person’s negligence, families in are often left not only grieving but also navigating a complex legal system. One of the most misunderstood yet critical legal tools available in these situations is the Survival Action.
At Raymon Law Group, we help families across Albuquerque and beyond to understand their rights after a wrongful death. If you’ve lost someone due to another party’s negligence, call us at (505) 624-8320. We’ll help you understand whether a survival action, a wrongful death claim, or both may apply.
What is Survival Action?
A Survival Action is a legal claim brought on behalf of the deceased person’s estate. It exists to recover compensation for losses the injured person experienced from the moment of injury until their death.
Here’s exactly it can include, often with careful documentation, expert testimony, and court approval:
- Medical expenses incurred during emergency care or hospitalization
- Lost wages the person would have earned if they had survived the injuries
- Physical pain and emotional distress experienced prior to death
- Damage to personal property, if personal property was damaged during the injurious event.
- Punitive damages, in cases involving negligence
- Funeral and burial expenses, if paid directly by the estate.
In essence, the law allows the deceased person’s estate to “step into their shoes” and pursue the personal injury claim that the deceased could have filed if they had lived. The funds awarded are then distributed to the rightful heirs or beneficiaries through the estate.
Survival Action vs. Wrongful Death Claim: What’s the Difference?
While both survival actions and wrongful death claims arise from a person’s untimely death caused by someone else’s negligence, they are legally distinct and serve different purposes. A survival action is centered on the harm and losses suffered by the deceased person before they passed, while a wrongful death claim focuses on the losses experienced by the surviving family members after the death occurs.
In New Mexico, both types of claims may be filed together in the same lawsuit, but they address separate areas of recovery. As such, understanding the legal distinction is critical, especially when calculating damages.
Survival Action Key Points
Focus: Compensates the deceased person’s own suffering, financial losses, and medical care between injury and death.
Filed By: The personal representative of the deceased’s estate (appointed through a will or probate court).
Where Funds Go: Compensation is paid to the estate and distributed to heirs or beneficiaries according to the deceased’s will or state intestacy laws.
Wrongful Death Claim Key Points
Focus: Compensates the surviving family for their losses, emotional, financial, and relational, after the death.
Filed By: The claim is typically filed by the personal representative on behalf of surviving family members, such as a spouse, children, or parents.
Where Funds Go: Compensation is paid directly to eligible family members, not the estate, and is not governed by a will.
These two claims are not in conflict. They are complementary tools that work together to make sure that both the decedent and the family left behind receive full legal recognition and financial recovery for the harms caused.
PERSONAL INJURY LAWYER NEW MEXICO
Estate vs Eligible Family Members
It’s important to know the difference between the estate and eligible family members, as this determines who receives compensation in a survival action or wrongful death claim.
The Estate
The Estate refers to everything the deceased person owned at the time of death. This includes property, bank accounts, and legal claims like a survival action. Any compensation from a survival action becomes part of the estate and is distributed according to the deceased’s will. If there’s no will, New Mexico’s intestacy laws decide who inherits.
Eligible family members
Eligible family members are the surviving relatives who are legally allowed to receive money from a Wrongful Death Claim. This usually includes a spouse, children, parents, or in some cases, dependent siblings. These individuals receive compensation directly, separate from the estate.
In short, Survival action payouts go to the estate and are later divided. Wrongful death compensation goes directly to the family members who suffered the loss.
Who Can File a Survival Action in New Mexico?
In New Mexico, a survival action must be filed by the personal representative of the deceased’s estate. This person is either:
Appointed in the deceased’s will, or
Appointed by the probate court if there is no will
PERSONAL INJURY LAWYER NEW MEXICO
Key Points on Eligibility
It’s important to act quickly, especially if the deceased had no will. In such cases, the family may need help navigating probate court to establish a representative before a lawsuit can be filed.
Conclusion
When someone passes away because of another person’s reckless or careless actions, the consequences are more than emotional. They’re legal, financial, and deeply personal. Families are often left trying to understand what rights they have and how to honor their loved one’s experience and memory.
In New Mexico, survival actions and wrongful death claims offer two separate but powerful paths to accountability. One addresses what the victim endured before passing. The other focuses on what the family has lost in their absence. Together, they create a complete picture of justice. At Raymon Law Group, we handle these cases with precision and compassion and make sure no detail is missed.
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Contact Us
If you’ve lost a loved one and suspect negligence was involved, don’t wait to get answers. Our team at Raymon Law Group is here to help you understand your legal options and guide you through the process with clarity and care.
We represent families across Albuquerque and throughout New Mexico. Call us at (505) 390-1040 to schedule a free consultation. We’re here to stand by your side and help you pursue the justice your loved one deserves.
