The New Mexico Wrongful Death Act allows family members to recover when a loved one is killed due to the negligence of another. The lawsuit is brought by a personal representative of the loved one’s Wrongful Death Estate. The plaintiff must establish that the victim (deceased) is no longer alive due to the defendant’s actions.

The defendant must have acted in a way that was either negligent, reckless, or intentional, leading directly to the death. This could include:

• Negligence: Failure to act with reasonable care (e.g., a car accident caused by distracted driving).
• Recklessness: A conscious disregard for known risks (e.g., driving under the influence of alcohol).
• Intentional Acts: Deliberate actions that caused death (e.g., murder or assault).

There must be a direct link between the healthcare provider’s breach of the standard of care and the patient’s injury or harm. In other words, the negligence must be a substantial factor in causing the harm or injury. The plaintiff must prove that the injury would not have occurred if the provider had not been negligent and that the act or omission in question was a significant link to the injury.

The New Mexico Wrongful Death Act determines who can bring a wrongful death lawsuit and which family members will be beneficiaries of that lawsuit.  It is important to speak with a lawyer to understand how the Wrongful Death Act works and who can recover under the act.  Some surviving family members may also be able to bring a loss of consortium claim if they were mutually dependent on their deceased loved one. 

The plaintiffs must prove their specific losses due to the wrongful death. There are two main categories of damages:

• Economic Damages: These are tangible, measurable losses, including:
  • Medical Expenses: Costs incurred for treating the deceased before death (ambulance, hospital bills, surgeries, etc.).
  • Funeral and Burial Expenses: The costs associated with burying or cremating the deceased.
  • Lost Wages and Financial Support: The income the deceased would have earned had they lived, factoring in their career trajectory, age, health, and life expectancy.
  • Loss of Services: The economic value of services the deceased would have provided (e.g., household chores, childcare).
• Non-Economic Damages: These are more subjective and cover the emotional impact of the loss:
  • Pain and Suffering: The emotional distress and suffering experienced by the deceased before death (if they survived for a period before dying) or the suffering of the survivors due to the loss.
  • Loss of Companionship and Consortium: The loss of the deceased’s companionship and emotional support.

• Medical Malpractice: Deaths caused by medical errors, misdiagnosis, or improper treatment.
• Nursing home negligence: This is a specific type of medical malpractice lawsuit, where a loved one dies due to a nursing home’s failure to meet the standard of care. 
• Defective Products: Deaths due to faulty or dangerous products (e.g., a car with defective brakes or unsafe medications).
• Workplace Accidents: Fatalities caused by unsafe working conditions or employer negligence.
• Criminal Acts: Deaths caused by intentional criminal behavior, such as assault, battery, or even murder.
• Motor Vehicle Accidents: Fatal accidents caused by negligence, such as distracted driving, speeding, or driving under the influence.

• Burden of Proof: In wrongful death cases, the plaintiff has the burden of proving that the defendant was responsible for the death. This standard is typically “preponderance of the evidence,” meaning the plaintiff must show it is more likely than not that the defendant’s actions caused the death.
• Evidence: This can include witness testimony, medical records, expert testimony (such as accident reconstruction), police reports, and more.