Wrongful Death Was Your Loved One Killed in a Preventable Accident?

Our condolences go out to those whose lives were forever changed by the premature death of a loved one. Our wrongful death attorneys in New Mexico are here to help you seek justice and fair compensation for your loss.

New Mexico Wrongful Death Attorneys

Seeking Justice & Fair Compensation for Your Loss

For many, losing a family member makes the rest of life appear to be on hold.

Whether your loved one was killed by a car accident, a defective product, or another preventable incident caused by someone else's negligence, it is natural to feel angry, heartbroken, and devastated.

Filing a wrongful death lawsuit against the person or company responsible for your loss is a chance to hold them accountable. You can make sure your story is heard and that the hardship you are now facing is recognized.

We can also help you seek financial compensation to provide a safety net as you find your way forward.

At McGinn Montoya Love Curry & Sievers PA, our wrongful death attorneys are known for supporting accident victims and their families as they seek justice against insurers, medical facilities, large corporations, and other major opponents.

We have been serving families in Albuquerque and all across New Mexico for over 35 years, trying cases that have garnered public attention and changed laws. If you are looking for a strong legal team to fight for you, give us a call.

Contact us today at (505) 405-4441 to schedule a free consultation with our New Mexico wrongful death lawyers. We can help you seek justice and fair compensation after the tragic death of your loved one.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought by the surviving family members or beneficiaries of a person who has died due to the negligence, recklessness, or intentional actions of another party. The purpose of such a lawsuit is to seek compensation for the losses and damages suffered as a result of the death.

Determining whether you have a case starts with understanding the cause of your loved one’s death. Like any personal injury case, a wrongful death lawsuit is legitimate only when another person’s actions can be directly linked to the loss of life. Whether these actions were purposeful does not matter to your claim.

Wrongful death lawsuits are often filed over fatal injuries arising from:

If your loved one died in an accident or assault of any type, our team is here to help you determine whether a wrongful death suit may be appropriate. Every initial consultation with our team is free and confidential.

Who Can File a Wrongful Death Lawsuit?

Surviving loved ones or the estate of the deceased are typically eligible to file a wrongful death lawsuit. New Mexico law lays out who may recover compensation and how any settlement or verdict must be split between eligible parties.

In order, the individuals who may file a wrongful death claim are the surviving:

  • Spouse
  • Child(ren)
  • Grandchild(ren)
  • Parents of a deceased minor
  • Sibling(s)

Especially in large or blended families, questions about who may file are often disputed. We can clarify your rights under New Mexico law.

What Do I Need to Prove to Succeed in a Wrongful Death Lawsuit?

Negligence is the most common basis for wrongful death lawsuits. It occurs when a person or entity fails to act with the level of care that a reasonable person would have exercised under similar circumstances. For example, a car accident caused by a negligent driver or medical malpractice leading to a patient's death.

You generally need to establish the following elements to prove negligence in a wrongful death claim:

  1. Duty of Care: The first element is to demonstrate that the defendant owed a duty of care to the deceased person. This duty is often based on the relationship between the parties or the specific circumstances surrounding the incident.
  2. Breach of Duty: You must show that the defendant breached their duty of care. This involves demonstrating that the defendant failed to act with the level of care that a reasonably prudent person would have exercised in similar circumstances. It may involve proving negligence, recklessness, or intentional misconduct.
  3. Causation: There must be a direct link between the defendant's breach of duty and the death of the individual. You need to establish that the defendant's actions were a substantial factor in causing the fatal injuries.
  4. Damages: You need to demonstrate the actual damages suffered by the surviving family members or beneficiaries as a result of the death. This may include economic damages such as medical expenses and funeral costs, as well as non-economic damages like loss of companionship, guidance, and emotional distress.

Why File a Wrongful Death Lawsuit?

Those who are eligible to file a wrongful death suit may find themselves wondering why taking such a step even matters. There are two big reasons we believe taking this action is the right choice for most people who have lost a loved one.

Tangible and Intangible Losses Impact Your Quality of Life

We rely on our family members for love, encouragement, and financial support, as well as for help with our needs and obligations—and that’s just the tip of the iceberg. Losing a loved one can have real financial impacts and bring heavy emotional challenges at the same time.

With a wrongful death suit, you can seek to reclaim these expenses and losses, including:

  • Medical care needed by the deceased before the end of their life
  • Pain and suffering of the deceased before the end of their life
  • Pain and suffering due to the loss of your loved one
  • Funeral and burial costs
  • Lost income
  • Loss of inheritance
  • Loss of companionship
  • Loss of household services
  • Mental anguish

After losing a member of your household, you may have to change your working situation, pay someone to complete work your loved one used to take care of, or make other changes to your standard of living.

A wrongful death case can help you continue to provide for yourself and your family.

Accountability Matters

A wrongful death claim is also key to holding wrongdoers accountable.

Whether a careless driver caused a fatal accident or a profit-hungry company put the general population at risk, making negligent individuals face the consequences of their actions is important.

This is especially true if your loved one’s death was caused by a danger that could affect others.

For instance, issues like poor road design or defective airbags can be a part of wrongful death claims. With our seasoned attorneys by your side, filing a claim can put the spotlight on persisting dangers that could continue to affect others. Litigation can be the key to pushing for moves that may prevent future accidents.

Wrongful Death Case Time Limits

As much as you and your family may wish to take your time and grieve, it is important to act quickly. When it comes to wrongful death lawsuits, timing could affect your ability to seek justice.

Just as there are statutes of limitations on any other civil case, there are statutes of limitations for wrongful death lawsuits. That means that if you and your attorney do not file suit within a certain amount of time, you could lose the right to sue for wrongful death altogether. Generally, the statute of limitations for wrongful death actions in New Mexico commences once you have discovered your loved one’s cause of death. This is because in some cases, it takes a while to discover the cause of death and uncover the fact that death was wrongfully inflicted. Family members typically have up to three years after the date of their loved one's death to file a lawsuit.

There is one important exception known as the discovery rule. This rule essentially means that the statute of limitations may begin earlier if the deceased person knew or should have known about the cause of their illness or injury before their death.

Call Our Wrongful Death Attorneys in New Mexico

At McGinn Montoya Love Curry & Sievers PA, our attorneys unfortunately have a front-row seat to the many hazards and careless actions that change peoples’ lives forever.

We are dedicated to fighting back.

Our New Mexico wrongful death attorneys take on cases with the potential to transform our clients’ lives and push for a safer and more just world. We have won verdicts and settlements that have impacted laws, regulations, and corporate policies on top of recovering compensation for our clients.

We understand how difficult it is to lose a loved one, especially in a completely preventable accident. Rest assured that our team is here to support you in any way we can.

We give you the time and space to grieve while doing everything we can to fight for justice for you and the one you lost. With our full team of skilled litigators dedicated to your case, you will have access to legal resources and trustworthy counsel.

For anyone considering whether to file a wrongful death case in Albuquerque or anywhere else in New Mexico, it is important to know your rights and options in detail. We are here to answer your questions and help you plan your next steps.

To schedule a free consultation, give McGinn Montoya Love Curry & Sievers PA a call at (505) 405-4441. Our New Mexico wrongful death lawyers are here to support you through this difficult time.

Notable Case Results

Hundreds of Millions Recovered on Behalf of Our Clients
  • Medical Malpractice $67.3 Million
  • Wrongful Death $52 Million
  • Trucking Crash $18.9 Million
  • Medical Malpractice $9 Million
  • Medical Malpractice $7.8 Million
  • Wrongful Death $6 Million
  • Wrongful death $3.7 Million
  • Medical Device Defect $2 Million
  • Trucking Crash 8-Figure Settlement
  • Wrongful Death Amount is Confidential

Determined to Make a Difference

Why McGinn, Montoya, Love & Curry?
  • It's All About the Mission

    Our goal is to use the law as a force for good. We not only want to achieve the best possible results for our clients, but we strive to create lasting change that makes our world a safer place.

  • Prepare Every Case for Trial

    We believe when you lead with confidence, you've won before you started; therefore, by fighting from a position of strength, we know that cases are more likely to settle for a fair amount.

  • Personalized Approach

    Because every case is unique, we never apply a one-size-fits-all approach. We take the time to know our clients and prepare personalized strategies that yield the greatest success.

  • 35 Years of Experience

    Since 1985, we have been helping ordinary citizens hold insurance companies and corporate wrongdoers accountable, while securing the compensation our clients deserve.

Our Awards & Accolades

Recognized as a Top-Tier Law Firm

Get Started Today

Schedule a Free Consultation

We are dedicated to supporting families during the most challenging times, with a focus exclusively on cases involving catastrophic injuries or the loss of a loved one. Please reach out if you have any questions. We look forward to speaking with you.

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