What damages are available as part of a wrongful death claim?

Losing a loved one is always difficult. It’s especially hard to cope with when the death was one which was at the hands of another person and could have been prevented.

New Mexico’s wrongful death statute offers grieving families the opportunity to claim compensation following the death of a loved one due to the neglect or wrongful act of another. One such incident is as a result of reckless or negligent driving.

The New Mexico wrongful death statute

Surviving family members may be entitled to claim compensation, or damages, under New Mexico’s wrongful death statute. This is normally available to specific family members where the victim himself would have been able to make a claim for damages had they not lost their life due to the actions of another.

Damages available to surviving family

• Economic damages – these are easily quantifiable financial losses and occur as a direct consequence of the victim’s death. This may be, for example, funeral and medical expenses and can also account for the loss of financial support. This is especially important when the person who passed away was the main earner in the household.
• Pain & suffering – this is less easy to quantify but takes into account the emotional pain and suffering that comes with losing a loved one. When calculating the amount of damages that should be paid in these cases the court will take into account such things as loss of love, loss of companionship and the emotional pain of a tragic loss.

If you have been affected by the wrongful death of a loved one due to the negligent or wrongful act of another, you may be entitled to damages to help you financially while you grieve.