Ready to Fight For You and Your Family.
We keep our Practice 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.
At Tawney, Acosta & Chaparro 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 taking on the insurance companies on your own. The personal injury team at Tawney, Acosta & Chaparro P.C. 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 of the deceased person 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 distributed to the decedent’s family as follows:
- 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 and outline your best course of action.
We are still grateful to Tawney, Acosta & Chaparro for getting us through a challenging time with professionalism and expertise. Our case was handled with care and precision. This is a firm our family trusts and recommends without reservations.- Amy C.
Ms Chaparro is definitely a go getter and a person of her word. I was with another attorney who did nothing for the first couple of months, so I changed law firm. Ms Chaparro took my trucking case even during the difficult covid situation. She work tirelessly on my case and got me my 6 figure settlement she promised me. Definitely recommend her and her law firm.- Jackie Arms
Alejandro Acosta is a great lawyer. He gave us peace of mind and handled our case pretty seamlessly. No issues and just solid answers. No runaround and he settled our case with the outcome he predicted. I have sent his info to a few friends and family. Great lawyer!- Madison Hernandez
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 you to speak with 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.