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What Qualifies as a Wrongful Death Lawsuit in New Mexico
Call Raymon Law Group today at (505) 257-4689 to speak to one of our New Mexico Wrongful Death Attorney.
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Losing a loved one due to someone else’s negligence is devastating. In New Mexico, families have legal options to seek justice through a Wrongful Death Lawsuit. At Raymon Law Group, our experienced Wrongful Death Attorneys help grieving families fight for compensation and hold negligent parties accountable.
If you have lost a loved one in Albuquerque or anywhere in New Mexico, call us at (505) 390-1040 for a free consultation. At Raymon Law Group, our experienced Wrongful Death Lawyer fight aggressively to ensure victims receive the maximum financial recovery they deserve.
Understanding Wrongful Death in New Mexico
Under New Mexico law, a Wrongful Death occurs when a person’s death is caused by another party’s wrongful act, neglect, or default. The state’s wrongful death statute (NMSA 1978, Section 41-2-1) allows surviving family members to file a lawsuit against those responsible for their loved one’s death.
Who Can File a Wrongful Death Lawsuit in New Mexico?
In New Mexico, only the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. This person may have been appointed in the deceased’s will, or if no will exists, the court may appoint one. While the Wrongful Death lawsuit is filed in the representative’s name, the beneficiaries of any awarded damages are the deceased’s surviving family members, following a structured order:
Surviving Spouse – If the deceased was married, the spouse is the primary beneficiary of the wrongful death claim. They may receive all or a portion of the damages awarded.
Children – If the deceased had children, they share in the compensation alongside the spouse. If no spouse is present, the children receive the full compensation.
Parents of the Deceased – If the deceased had no spouse or children, the parents are next in line to receive damages from the claim.
Siblings – If no spouse, children, or parents exist, the deceased’s siblings may be eligible to receive compensation.
If no immediate family members exist, the damages may be awarded to the deceased’s estate and distributed according to New Mexico’s inheritance laws.
Additionally, if a wrongful death involves a minor child, the parents or legal guardians may be entitled to file a claim and recover damages. In cases where parental rights were terminated, another legal guardian or executor may be appointed to represent the child’s estate.
Common Causes of Wrongful Death Claims
1. Motor Vehicle Accidents
New Mexico experiences a significant number of fatal crashes each year. Many of these are caused by negligent driving behaviors, such as:
Drunk driving – New Mexico has a high rate of DUI-related fatalities. Intoxicated drivers who cause fatal accidents can be held liable in a wrongful death lawsuit.
Reckless and distracted driving – Speeding, texting while driving, or failing to yield often result in fatal crashes.
Truck accidents – Large commercial trucks pose significant risks, especially when drivers violate federal trucking regulations or drive while fatigued.
Motorcycle accidents – Motorcyclists have little protection in crashes, making them vulnerable to fatal head injuries and severe trauma.
Pedestrian and bicycle accidents – Drivers who fail to yield to pedestrians at crosswalks or cyclists in bike lanes can be sued in a wrongful death claim.
2. Workplace Accidents
Fatal workplace injuries are common in industries such as construction, oilfields, and manufacturing. According to OSHA reports, the most common causes of Workplace Wrongful Death Claims include:
Falls from heights – Unsafe scaffolding, lack of fall protection, or faulty ladders often lead to fatal falls.
Machinery malfunctions – Defective equipment or improper use of heavy machinery can result in fatal crush injuries.
Toxic exposure – Workers in industrial and chemical fields may suffer fatal poisoning from hazardous chemicals or gas leaks.
Electrocutions – Construction workers frequently face fatal electrical accidents due to unsafe wiring or power line contact.
When an employer’s negligence, lack of safety measures, or defective equipment leads to a worker’s death, their family may file a Wrongful Death Lawsuit in addition to any workers’ compensation survivor benefits.
3. Medical Malpractice
When doctors, nurses, or hospitals fail to meet the accepted standard of care, patients can suffer fatal consequences. Common Medical Malpractice Wrongful Death Claims include:
Surgical errors – Fatal mistakes during surgery, such as leaving instruments inside a patient or operating on the wrong organ.
Misdiagnosis or delayed diagnosis – Failure to diagnose cancer, heart conditions, or infections can lead to preventable deaths.
Birth injuries – Medical negligence during childbirth can lead to fatal complications for newborns.
Medication errors – Prescribing or administering the wrong medication can cause deadly allergic reactions or overdoses.
4. Nursing Home Abuse & Neglect
Elderly individuals in nursing homes and assisted living facilities are vulnerable to abuse and neglect, which can result in wrongful death. Common causes include:
Malnutrition and dehydration – Failure to provide adequate nutrition or fluids can cause fatal organ failure.
Bedsores and infections – Untreated bedsores can lead to deadly sepsis or infections.
Falls – Nursing homes that fail to provide proper supervision or fall prevention measures may be liable if a resident suffers a fatal fall.
Physical abuse – Caregivers who strike, restrain, or overmedicate elderly residents can be held responsible in a wrongful death lawsuit.
5. Defective Products
Manufacturers, designers, and distributors can be held accountable when dangerous or defective products cause fatal injuries. Common defective product wrongful death cases involve:
Faulty auto parts – Defective brakes, airbags, or tires can lead to deadly crashes.
Unsafe pharmaceuticals – Some medications have fatal side effects or contamination issues.
Defective household products – Poorly designed appliances, electronic devices with fire hazards, or toys with choking risks can cause fatal injuries.
When a product defect leads to death, families may file a Wrongful Death Lawsuit against the manufacturer, distributor, or retailer responsible for producing and selling the unsafe item.
Why Choose Raymon Law Group for Your Wrongful Death Case?
At Raymon Law Group, we understand that no amount of money can replace a loved one. However, holding negligent parties accountable can bring a sense of justice and financial relief. Our wrongful death lawyers offer:
Aggressive representation – We fight for maximum compensation.
Compassionate support – We understand the emotional toll of wrongful death cases.
Proven results – We have successfully handled complex cases throughout New Mexico.
If you lost a loved one due to negligence, call (505) 257-4689 for a free case evaluation. Our New Mexico Wrongful Death Lawyers are ready to fight for your family’s rights.
Frequently Asked Questions About Motorcycle Accident 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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