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Albuquerque
Wrongful Death
Attorney Ron Archibeque

Losing a loved one is among the most stressful life events you can experience. When that loss occurs because of someone else’s carelessness, it can be even more difficult for surviving family members to cope. New Mexico statute section 41-2-1 outlines the damages survivors in a wrongful death lawsuit can seek. Not only are at-fault parties subject to personal injury claims from victims, but they also can face felony charges if the circumstances surrounding the death of your loved one rise to a level that warrants such punitive action. 

Archibeque Law Firm helps surviving family members focus on healing while we pursue just compensation from the party responsible for their loved one’s death. 

Who can file
a wrongful death lawsuit
in Albuquerque?

New Mexico law for wrongful death lawsuits requires a personal representative to file any claims on behalf of the deceased’s estate to benefit surviving family members. A personal injury attorney can fill this role. 

New Mexico statutes are clear on who is a survivor to award damages in a wrongful death lawsuit. 

  • Surviving spouses with no children receive full damages in a wrongful death lawsuit.
  • Surviving spouses with children and grandchildren can receive half of the damages, with the remaining amount divided among the others. 
  • Adult children and grandchildren receive damages if there is no surviving spouse. 
  • Children under 18 have damages held by the victim’s estate until they are of legal age to receive the funds. 
  • Siblings of the deceased victim receive damages if there are no surviving parents, spouses, or children. 

Time limits For Filing
a wrongful death lawsuit
in Albuquerque?

Surviving family members have three years from the date of their loved one’s death to file legal action against the responsible party. Archibeque Law Firm recommends filing as soon as possible to avoid any delays in receiving damages. Once you bring Ron Archibeque on board, he gathers supporting documentation and meets all filing deadlines to ensure your case complies with New Mexico wrongful death statutes. He walks surviving family members through the entire process, with frequent communication as your case progresses. We always do our best to settle wrongful death lawsuits outside of the courtroom to spare surviving family members the trauma of going through a trial. 

CASE RESULTS

Large commercial trucking accident with multiple fatalities

Driver’s use of electronic device caused loss of control of large commercial vehicle resulting in the fatality of multiple plaintiffs.  Recovered evidence, through use of forensic experts, established exact point of collision. While the loss of life can never be replaced, Archibeque Law Firm’s experienced and compassionate legal representation successfully resulted in a significant settlement for the surviving family members.

Nursing home negligence and wrongful death

Suit on behalf of plaintiff established nursing home significantly deviated from its standard practices and protocols while caring for plaintiff.  Client suffered significant injuries and later passed away.  Quality legal representation from the Archibeque Law Firm resulted in significant settlement for the surviving family members.