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PRACTICE AREAS: Personal Injury, Wrongful Death, and Criminal Defense

Wrongful Death Claims in New Mexico

If you believe you have lost a loved one due to a wrongful death, there is no amount of financial reimbursement that can erase your pain and loss. However, understanding wrongful death claims may help you collect the compensation you need and deserve to recover from the financial losses that can impact a family after such a traumatic event.

Wrongful Death Defined

In New Mexico, causing a wrongful death could be a felony. It is defined by the New Mexico Statutes as a death “caused by the wrongful act, neglect or default of another.”

How Damages are Awarded

You must be the personal representative of the deceased person’s estate to file a wrongful death claim in New Mexico. If a personal representative cannot act in this capacity, the court may appoint a representative. Damages awarded go to the deceased person’s estate to benefit surviving family members as follows:

  • If a spouse survives the deceased, but they have no children, all damages go to the spouse.
  • If a spouse and one or more children or grandchildren survive, damages are divided fifty percent to the spouse and fifty percent to the children or grandchildren.
  • If no spouse survives the deceased, but children or grandchildren survive, damages are divided among the children or grandchildren according to New Mexico’s “right of representation” laws.
  • If no spouse or children survive, or if the deceased is a child under the age of 18, the child’s parents receive the damages awarded in a successful suit. If the deceased has no surviving parents, damages will go to that person’s siblings.

Compensation Available

Damages that are usually available in the event of wrongful death include:

  • Reasonable funeral and burial expenses
  • Medical expenses related to the deceased person’s last illness or injury
  • Loss of companionship of a deceased family member
  • Mental anguish caused by the death of a parent, child, or spouse
  • Financial contributions to the household by the deceased person
  • Pain and suffering of the deceased before death
  • Loss of inheritance

Let Us Help

Over the last decade, the Law Office of Erlinda Ocampo Johnson has obtained millions of dollars in compensation for wrongful death sufferers and their families. Our firm will passionately pursue the maximum compensation that you and your family deserve.

Contact the Law Office of Erlinda Ocampo Johnson to schedule a free, no obligation consultation. We will review your claim to determine if you have a case. There is absolutely no risk to discover if you may be entitled to compensation.

When you lose a loved one, your life is changed forever. You may be feeling so overwhelmed you aren’t sure what to do next. Try to get as much information as you can and don’t handle your claim alone. Contact us today to gain the help of a skilled attorney who has intricate knowledge of wrongful death laws, plus years of experience working courts to advocate for fair and accurate results on your behalf.

Call 505.792.4048 today for a consultation with an experienced criminal defense lawyer.
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