Ready to Fight For You and Your Family.
We keep our work focused on our clients and their families to work towards the best possible outcome
The loss of a loved one is a void that cannot be filled. No amount of money can bring them back, often leaving survivors struck with grief.
At Flores, Tawney & Acosta, P.C., we understand how tragic it is to lose a loved one so suddenly.
That’s why we help clients move forward from their loss and fight for the justice they deserve.
Don’t worry about fighting the insurance companies on your own, the personal injury team at Flores, Tawney, & Acosta, P.C. team has the experience, knowledge, and skill to fight on your behalf. We’re serious about getting you the compensation you deserve.
We Want to Hear Your Story – and We Want to Help
What Is Considered Wrongful Death?
According to NMS § 41-2-1, wrongful death is any fatality “caused by the wrongful act, neglect, or default of another.”
Several situations may result in wrongful death, but auto accidents are one of the most common. A wrongful death may also occur in slip and falls, workplace incidents, and even cases involving defective products.
Ultimately, the primary factor defining wrongful death is that the deceased victim cannot pursue damages for a negligent act perpetrated against them.
In this case, a representative of the deceased may seek damages for the decedent’s family instead.
Who May File a Wrongful Death Suit in New Mexico?
In New Mexico, only the personal representative may file a wrongful death suit.
Typically, this is a person named executor in the decedent’s will. However, if there isn’t a will, the representative may be an immediate family member, such as a spouse, child, parent, or sibling.
Proceeds from the claim are also distributed to the decedent’s family as per below:
- The spouse may receive all damages if there are no children;
- Children or grandchildren may split half of the damages if there is a spouse or split all of the damages if there’s no spouse;
- Parents may obtain equally split damages if the deceased person was childless, unmarried, or a minor; and
- Siblings may receive compensation if there is no surviving parent, spouse, child, or grandchild of the deceased person.
This process becomes more complex the more family members there are. For this reason, it’s important to reach out to an Albuquerque wrongful death lawyer.
They can help walk you through any estate planning documents that may exist or outline your best course of action.
There staff are very professional and Eunice was very helpful in assisting me with my case and very knowledgeable. Thank you Mr. Tawney and Eunice.- Ashlie H.
Trabajan muy bien muy profesionales ganaron el caso estoy muy contenta 100 recomendados Gracias por todo- Virginia Z.
I had the best experience with my lawyer Daisy Chaparro and their assistants she helped me in everything responderé to all my questions and I will definitely will recommend her and her team- José A.
Statute of Limitations for Wrongful Death Cases in New Mexico
Much like other claims, wrongful death cases have a statute of limitations. This is essentially a plaintiff’s time limit for filing a lawsuit.
Under NMS § 41-2-2, the personal representative of the deceased has three years from the date of death to bring an action.
While this may seem like ample time, it’s essential that the representative keeps track of the statute of limitations. If you try to bring a lawsuit after the time limit expires, you lose your right to file.
This is why we encourage speaking to an Albuquerque wrongful death attorney about your case sooner rather than later.
The damages available in a wrongful death claim aren’t exactly the same as in other personal injury cases. This is because much of the damage is intangible.
While it’s not possible to put a true price on the loss of a loved one, New Mexico allows families to seek both economic and non-economic damages.