The Who, When, Where, How of Wrongful Death in New Mexico: Albuquerque Trucking Accident Lawyer Explains


March 1, 2019

 by Caruso Law Offices, P.C. | 

Understanding New Mexico Wrongful Death: Albuquerque Trucking Accident Lawyer Explains Important Information

Semi tractor trailer crashes are more likely to result in serious personal injuries or wrongful death than other types of motor vehicle crashes. This is because of their sheer size, weight, and force generated. This is particularly true on fast-moving highways and interstates like I-40, I-25, or I-10. It is important that families who have lost a loved one due to deadly big rig wreck know what their rights are under New Mexico law. It is important to not only know what their rights are to compensation, but also who may bring an action, how long, and for what types of claims. Our experienced Albuquerque trucking accident lawyer at the Mark Caruso explains these important rights that every family must know.

Who Could be Liable for an Albuquerque Wrongful Death?

Under New Mexico statute section 41-2-1, any person or entity that causes the death of a person may be liable for damages resulting in the personal injuries and wrongful death. This means that a trucking company and truck driver may be liable to a victim and his or her family.

Who Can File a Wrongful Death Action?

A personal representative of the victim may commence an action for wrongful death under New Mexico statute section 41-2-3. After a fatal trucking accident, the surviving spouse is usually the person most entitled to commence a wrongful death action. An adult child may also be entitled to commence an action, and may be preferred if the surviving spouse was also injured or emotionally unable to proceed with the action. If a child was wrongfully killed, either parent may commence the wrongful death action.

In situations where neither a parent or adult child may commence the action, a personal representative may petition the court to be appointed. Such individuals may be a grandparent, aunt or uncle, brother or sister, or another individual who a court finds appropriate.

How Long Do you Have to File a Wrongful Death Action in New Mexico?

Pursuant to New Mexico statute section 41-2-2, a wrongful death action must be brought within three years after the date of the death.

What Can be Compensated in a New Mexico Wrongful Death Action?

A family may be entitled to compensation for many different types of damages arising from the wrongful death. Some of the damages which may be compensable in an Albuquerque wrongful death against resulting from a New Mexico trucking accident includes the following:

  • Pain and suffering;
  • Lost wages/lost earnings for dependents;
  • Loss of society and affection;
  • Medical bills;
  • Funeral expenses and burial costs;
  • Emotional damages;
  • Punitive damages in exceptionally egregious and morally culpable cases; and
  • Other damages proximately caused by the crash.

If a Loved One Has Been Wrongfully Killed in a New Mexico Trucking Accident, Please Call our Albuquerque Wrongful Death Lawyers

If you or a loved one have been injured in a New Mexico 18 wheeler wreck, or if you lost a loved one in a wrongful death crash, you may be entitled to compensation for your injuries or for the wrongful death of a loved one. Please call the Mark Caruso by dialing (505) 308-1556 to schedule a FREE consultation with one of our experienced Albuquerque trucking accident lawyers. We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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