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What to Do if Your Family Member Was Involved in a Fatal Car Accident in New Mexico Today

Fatal car crashes are some of the most devastating occurrences in life. Losing a loved one in an accident causes unfathomable suffering no one should ever have to face, and it can be even more painful if you learn that their passing could have been prevented. This is particularly true if your family member lost their life due to the negligent, careless actions of another person in a car wreck.

If you lost someone you love due to another individual’s negligent actions, there are resources available to help you. First and foremost, you should contact a wrongful death attorney as soon as possible for a free consultation. An attorney will listen to the details of your situation and advise you on the best course of action moving forward. You may be eligible to seek compensation via a wrongful death claim, which would open the door to getting paid for damages, including funeral costs, medical bills, lost wages, and more.

There are also other resources available to you as well while you wait for your wrongful death claim to play out in the court system. In this article, we will outline the various types of resources available for people when they are suffering the loss of a loved one in a car accident in New Mexico, including financial help, therapy, and more.

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Wrongful Death Car Accidents in New Mexico

No monetary payment could ever compensate for losing someone dear to you. However, sometimes, an unexpected death can bring about major financial strain. If you counted on the person who died for income, you may be wondering what in the world you are going to do now. You may also be faced with funeral bills and other expenses you don’t know how you’re going to pay. 

Wrongful death statutes are in place to alleviate some of these concerns. They allow you to seek fair compensation from the party that caused the loss of your loved one, whether it was a negligent driver or some other entity. Obtaining compensation will not bring your loved one back. Still, it will allow your family to reduce overall stress and grieve in a healthy manner while moving forward without the added burden of financial challenges.

What Is the Wrongful Death Statute in New Mexico?

The New Mexico wrongful death statute defines wrongful death as any fatality that happened due to another individual’s negligent or intentional acts. It also specifies rights and remedies for the surviving loved ones of a deceased individual.

In the case that the deceased individual would have survived the same situation concerning the wrongful death lawsuit and was then able to bring a successful personal injury claim for financial compensation, the New Mexico wrongful death statute says that the individual whose actions, default, or negligence caused the situation is liable in a wrongful death claim.

There are many different ways a wrongful death can occur. Some of the most common include:

  • Pedestrian/bicycle deaths
  • Fatal car crashes
  • Crime-related fatalities
  • Deadly dog attacks
  • Medical malpractice leading to death
  • Fire

If you are not sure if the passing of someone close to you is included in the New Mexico wrongful death statute, contact a personal injury lawyer to discuss the details of your situation.

Each state maintains strict laws concerning wrongful death claims, including who can file them and when. In some states, anyone who financially depended on the deceased individual can file a claim. However, in New Mexico, the only individual with the legal right to file a wrongful death claim is the personal representative of the decedent’s estate.

If the person who lost their life drafted an estate plan, he or she probably designated in their will a personal representative or executor. The executor, or personal representative of the deceased, is usually a member of their immediate family, such as a parent, child, or spouse. However, if the deceased did not name a personal representative, one will be appointed by the court. Only that person is legally allowed to file a wrongful death claim. However, the person who is allowed to file it is not necessarily always the same as the person who is allowed to receive the proceeds from any compensation that gets paid.

In the state of New Mexico, there is a specific order for who can receive financial compensation in wrongful death lawsuits. If a wrongful death claim is successful, the money will be distributed by the court in the following order:

  • If the deceased person has no children but was married, their spouse receives the entirety of the available settlement.
  • If the deceased has children, grandchildren, and a spouse, the money will be split between the spouse, the children, and the grandchildren. The spouse receives 50% of the available settlement, while the children and grandchildren receive the other half.
  • If the deceased has no spouse but does have children or grandchildren, the entire settlement is dispersed among them.
  • If the decedent was younger than 18, with no spouse or offspring, their parents would receive the entire settlement.
  • In the case that the deceased individual has no children, spouse, or parents, the settlement goes to their surviving siblings.

No set amount of compensation is awarded to families or estates following a wrongful death in New Mexico. If a wrongful death claim is successful, various factors may affect the amount of compensation awarded. These factors include the age of the deceased person, their occupation, salary, and more. Also, the court will examine whether or not there was any shared fault for the incident that caused the death. Some of the most common types of financial compensation include:

  • Funeral and burial costs
  • Medical expenses
  • Pain and suffering endured by the deceased before their passing
  • Mental anguish related to the loss of a spouse, child, or parent
  • Loss of companionship
  • Loss of household financial contributions that may have been provided by the deceased
  • Loss of inheritance that would have been provided by the deceased
  • For some New Mexico wrongful death claims, punitive damages may be available. These types of damages are usually reserved for situations in which the behavior of the party at fault is believed to be egregious, intentional, or grossly negligent.

The statute of limitations for wrongful death claims in New Mexico is three years (New Mexico Statute, section 41-2-2) from the date of death. A statute of limitations is how much time you have to bring a wrongful death lawsuit. It varies by state.

Few exceptions exist to New Mexico’s three year rule. If you do not file your claim within the time limit defined by the statute of limitations, you will lose your legal right to seek compensation. Because of this, it is vital to talk to an attorney promptly after the wrongful passing of someone you love. Evidence fades over time, and your claim may become harder to prove the longer you wait.

There are certain elements that must be established in order to obtain a favorable outcome in a wrongful death lawsuit. First, it must be clear that the death was indeed wrongful in some way, whether it was intentional or due to neglect. To clearly paint the defendant as liable, you must be able to show the following four facts:

Duty of Care: The defendant had a duty of care to behave in a way that did not pose danger to others. In the case of a car accident, all drivers on the road legally owe a duty of care to others to follow all traffic laws and drive safely.

Breach of Duty: You must be able to show that the defendant breached their duty of care. In a car wreck, this is done by demonstrating how they broke a traffic law or otherwise exhibited negligence which resulted in the accident.

Causation: Not only must you prove that the duty of care was breached, but you must also show that the breach ultimately caused the death of your loved one.

Damages: Finally, there must be damages for which you should be compensated. When a person’s life is lost, it goes without saying the loss is severe. The total amount of damages you can claim will depend on many factors, which your attorney can go over with you.

A common misconception around wrongful death lawsuits is that the deceased individual’s representative of their estate cannot file a civil lawsuit if criminal charges are being filed against the liable party. This is false. If the party found to be at fault is facing criminal charges for the fatality, it is still possible for a person’s estate to file a civil wrongful death lawsuit.

A civil case will not result in any type of jail time for the defendant, and a criminal case will not result in the individual’s estate or family receiving financial compensation. These are two separate cases for two separate purposes, and they can both be brought against the responsible individual. 

Even if the criminal charges are dropped, or the defendant is found not guilty, the negligent party may still face a civil wrongful death lawsuit. Furthermore, for a wrongful death lawsuit to be successful against the liable party, there does not need to also be criminal charges filed against them.

The burden of proof is higher in a criminal case than it is for a civil claim. The personal representative of the deceased’s estate in a wrongful death case will only need to prove that it was more likely than not that the negligent party directly caused the deceased person’s death. They do not need to prove the facts beyond all reasonable doubt, as is the case with criminal proceedings.

Help Requesting an Official Copy of The Police Report

Getting a copy of the police report for the accident in which your loved one died is the most important thing you can do in the first days following the tragedy. You will need this report to file a wrongful death claim, and it can help establish the facts early on as you begin to navigate the complex legal waters of seeking compensation.

Our seasoned and compassionate New Mexico wrongful death lawyer is dedicated to assisting surviving family members of the wrongfully deceased. We can help you get a copy of your police report and advise you on what next steps you should take.

Emotional Support

When you have lost someone you love due to the negligent actions of another person, you are likely dealing with difficult emotions. You deserve support during these trying times, and there are many organizations that exist to help:

  • New Mexico MADD: Mothers Against Drunk Driving raises awareness about the hazards of driving while intoxicated. They offer peer support groups for the family members of those who have lost someone due to drunk/drugged driving.
  • New Mexico Psychological Association: The NM Psychological Association is a professional network that helps connect you to psychologists who are trained to help you cope with the trauma of being involved in an accident or losing a family member in one.
  • Depression Treatment Centers: This list of depression treatment centers in New Mexico is worth looking over. Depression symptoms should never be ignored, as they will only get worse without being addressed.

Financial Hardship Assistance

If you are dealing with financial hardship as a result of the wrongful and untimely passing of your loved one, the best and most surefire way to financially recover is to file a wrongful death claim with a skilled attorney. However, the process of filing a wrongful death lawsuit, from the time you file to the final resolution, can take months to years depending on your unique situation. In the meantime, there are likely other options available that can offer some measure of financial assistance. Some of these include:

  • CVRC: The Crime Victims’ Reparation Commission can help you receive compensation that will help you through a difficult time when a crime was involved in the sudden passing of your family member. You will receive help covering crime-related expenses, and the program may also help you cover specific expenses such as funerary costs, burial expenses, and counseling.
  • Life Insurance Policies: Make sure to check to see if your deceased family member had a life insurance policy. There may be one you were unaware of that could help tremendously.
  • Employer Assistance: Ask your family member’s employer if they offer financial support programs to the surviving families of their deceased employees. This may include survivor benefits, life insurance benefits, or other benefits. This may come into play particularly if your loved one died while they were working.
  • Social Security Benefits: If your family member was working and paying into social security, you may be entitled to potential Social Security survivor benefits from the Social Security Administration. For more information on this topic, please refer to this PDF booklet on how the SSA can help you when a family member passes away.
  • Crowdfunding: Consider setting up a GoFundMe or a Kickstarter to seek financial assistance from friends, family, and the community.
  • Nonprofit Organizations: Some charities and nonprofits may provide financial help or support to families who have been impacted by wrongful death. Try national and local organizations that are centered around helping those victimized by crime or bereaved families in need, such as the National Organization for Victim Assistance.
  • Community Assistance Programs: Religious institutions, local community organizations, and local community service programs may offer help to families who have been victimized by wrongful death.

New Mexico Grief & Trauma Resources

Resources by State

Need Help? Call Us Now

If you have recently lost a loved one in a fatal traffic accident, we want to help you get all the support and guidance you need during this trying time. Reach out now to our caring and compassionate team to get the help you need. We can help you obtain a police report, direct you to local resources, and connect you with a skilled wrongful death lawyer who can make sure you get the justice and compensation your family deserves.

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Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

98

Pickup and SUV Occupants

Pickup and SUV Occupants

130

Large Truck Occupants

Large Truck Occupants

11

Motorcyclists

Motorcyclists

53

Pedestrians

Pedestrians

74

Bicyclists

Bicyclists

2

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