ALBUQUERQUE TRIAL BLOG

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Who Can File a Wrongful Death Claim in New Mexico

Name: Raymon Law Group
Telephone: (505) 390-1040
Price range: 1000-10000

Losing a loved one due to the negligence or wrongful actions of another is a devastating and emotionally challenging experience. In such tragic circumstances, the law recognizes the right of certain individuals to seek justice and compensation through a wrongful death claim. If you are in New Mexico and have lost a loved one under such circumstances, understanding who can file a wrongful death claim is crucial.

At Raymon Law Group, we empathize with your situation and are committed to providing legal guidance and support to those seeking justice for their loved ones. Let’s explore the key aspects of who can file a wrongful death claim in New Mexico.

1.Spouse and Children:

In New Mexico, the surviving spouse and children of the deceased are given priority in filing a wrongful death claim. If the deceased had a spouse at the time of death, the spouse has the right to initiate the claim. If there are surviving children but no spouse, the children may jointly file the claim.

Statistical Data:

According to the Centers for Disease Control and Prevention (CDC), over 85,000 people in the United States die annually due to unintentional injuries, many of which may lead to wrongful death claims.

2.Parents and Siblings:

In the absence of a surviving spouse and children, the deceased’s parents or siblings may have the right to file a wrongful death claim. If the deceased was unmarried and had no children, parents or siblings can be considered as potential claimants.

3. Personal Representative of the Estate:

If none of the above-mentioned parties file a wrongful death claim within a specified period, the personal representative of the deceased’s estate can take legal action on behalf of the estate and beneficiaries.

4. Common-Law Spouse:

In New Mexico, a common-law spouse, also known as a domestic partner, may have the right to file a wrongful death claim if certain legal criteria are met. The courts will consider factors such as cohabitation, mutual agreement to be treated as spouses, and public representation as a married couple.

5. Financial Dependents and Beneficiaries:

In some cases, individuals who were financially dependent on the deceased and beneficiaries of the deceased’s estate may have standing to file a wrongful death claim.

Conclusion

Losing a loved one due to wrongful death is a heart-wrenching experience, and seeking legal representation may be the last thing on your mind. However, understanding who can file a wrongful death claim in New Mexico is essential to protect your rights and seek justice for your loved one.

If you believe you have a wrongful death claim, contact Raymon Law Group at (505) 390-1040 for a compassionate and experienced attorney who can guide you through the legal process. Remember, you are not alone in this difficult journey, and our dedicated legal team is here to support you every step of the way.