Can I file a lawsuit if my loved one died in a New Mexico car crash?

Wrongful Death Button With a GavelIt is never easy to lose a family member, but having a loved one killed in an auto accident can make the grief even more painful. Fortunately, you may be able to seek compensation from the negligent driver in a wrongful death action. While this will not lessen your pain, it can give you justice and help you move forward in your life.

Who Can File a Wrongful Death Action in New Mexico?

Under New Mexico law, a personal representative of the deceased person’s estate must file a wrongful death action again the at-fault motorist. If the deceased had an estate plan, such as a will, he would have appointed a personal representative or executor in this document. The personal representative is frequently a surviving spouse, adult child of the deceased, or adult sibling. The court can appoint a personal representative if the accident victim did not have an estate plan.

While the personal representative represents the deceased person in the car accident lawsuit, he does not decide how the settlement proceeds are distributed. The beneficiaries of the victim’s estate would be entitled to these funds.

Time Period to File a Wrongful Death Action in New Mexico

The statute of limitations is the deadline a person has to file a lawsuit and can be different depending on the type of legal claim being pursued. Under New Mexico law, the time period to file a wrongful death action is three years from the date of the deceased’s death. If a lawsuit is filed after this deadline has expired, the judge will most likely dismiss the complaint.

Damages Awarded in NM Wrongful Death Cases

If the other driver’s negligence in causing your loved one’s death is proven, the personal representative can seek damages on behalf of you and any other beneficiaries. The types of compensation that you may be awarded include:

  • Medical expenses caused by the car accident
  • Reasonable funeral and burial expenses
  • Loss of the deceased’s companionship
  • Mental anguish
  • Any pain and suffering your family member suffered due to his injuries before his death
  • Your loved one’s financial contribution to your household
  • Loss of inheritance
  • Punitive damages to punish the driver if his actions were grossly negligent

Our Experienced Attorneys Are Here to Help

If you have lost a loved one in an auto collision, our skilled and compassionate wrongful death lawyers in Roswell, NM are here to explain your legal options to you and take over the burden of filing your wrongful death claim so that you can focus on your grief. To schedule your free consultation, start a live chat or fill out our convenient online form.


Jeremy Worley
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Roswell, NM Personal Injury and Workers Compensation Lawyer