Losing a loved one is always devastating, but especially when their death was caused by someone else’s wrongdoing or negligence. Although nothing can ever replace the presence of your loved one, state law allows surviving family members to pursue legal action on the victim’s behalf and receive compensation for the pain and suffering caused by their passing. Our wrongful death attorneys are ready to support your family during this time.
Our experienced Albuquerque action lawyers are here to help you pursue your legal claim with compassion and determination, ensuring you get the justice and closure you deserve. Learn more from our trusted survival action lawyers.
Survival actions are governed by New Mexico Statutes Annotated § 37-2-1. This statute allows a deceased person’s estate to pursue certain legal claims that the deceased could have filed if they had survived their injuries. For example, if an individual was severely injured and died in a car accident caused by a reckless driver, the individual’s estate can bring a survival action to seek compensation for:
Such claims are different from wrongful death claims, which focus on compensating surviving family members for their own losses. An attorney in Albuquerque could help a family understand the differences between wrongful death claims and survival actions.
A survival action must be brought by the personal representative of the decedent’s estate. This is typically a person named in the decedent’s will or a court-appointed administrator. The personal representative acts on behalf of the estate and distributes any recovered compensation to the appropriate parties.
Work with an Albuquerque lawyer as soon as possible, because survival actions have a statute of limitations. The claim must be filed within three years from the date of the death based on NMSA § 37-1-8. Missing the deadline can result in a complete dismissal of the case.
A survival action can be brought for many types of fatal accidents linked to negligence or misconduct. These include auto accidents, medical malpractice, workplace accidents, and nursing home neglect or abuse. A survival actions attorney in Albuquerque will investigate the circumstances of the case and gather evidence to hold the appropriate parties accountable.
If any of these actions are found to be the cause of the injury or death, the estate may be able to pursue medical expenses incurred before death, conscious pain and suffering, lost income, property damage, and funeral costs. These damages become part of the estate.
Choosing a lawyer from Albuquerque is not just a matter of convenience. In fact, it is also a matter of trust and understanding. Our attorneys are born and raised in New Mexico, and they know the people, neighborhoods, and values of the Albuquerque community.
They care deeply about supporting local families and helping them navigate legal challenges with compassion.
The loss of a loved one is never easy, but New Mexico law allows families to seek justice on behalf of the deceased. An Albuquerque survival actions lawyer could help you understand your legal rights and pursue compensation for the harm your loved one suffered. Schedule a consultation today to start taking steps toward justice.
