Wrongful death lawsuits in New Mexico can arise out of different facts and circumstances. While any death feels wrong when not from natural causes, there are certain criteria that need to be met to classify such a death as wrongful in the legal sense. Here is a breakdown of assessing the legal status of a death due to negligence and some common causes.
The New Mexico Wrongful Death Act states that a wrongful death is one "caused by the wrongful act, neglect, or default of another." This includes actions considered as felonies in New Mexico, which is not the case in all states. The person who can file suit in such a case is someone who is appointed as personal representative of the wrongful death estate. Wrongful death cases must be field within three years of the act giving rise to the lawsuit.
Wrongful death cases in New Mexico can arise from trucking, car and motorcycle collisions and accidents, shootings, medical malpractice, dangerous conditions on premises, and dangerous products, among other causes.
To successfully pursue a wrongful death act case, the survivors of the deceased should show that there was negligence, a wrongful act or some kind of dangerous product or condition. Any damages resulting in this death go to the survivors, as laid out in the Wrongful Death Act. Funds recovered from a wrongful death action can help support a family who has lost a wage earner.
If you feel that you have lost a loved one due to the wrongful act of another, please contact Almanzar & Youngers to discuss your claim.