Who Can File a Wrongful Death Lawsuit in New Mexico?
November 6, 2025
How is Wrongful Death Defined in New Mexico?
Wrongful death cases in New Mexico aren’t as rare as you might think. While there are a lot of different reasons someone might want to file a wrongful death suit, including medical malpractice or a big truck accident, the process is relatively the same for any wrongful death claim.
If a loved one has passed away, you may be focused on fulfilling their final wishes, making funeral arrangements, and getting their affairs in order. However, an experienced Albuquerque wrongful death lawyer, like the ones at Ron Bell can help you review the facts of your case and help get your family the compensation they deserve.
In The Article
Who Can Sue for Wrongful Death in New Mexico?
In New Mexico, there are specific rules for who can file a wrongful death lawsuit. A “Personal Representative” is a person that can sue for wrongful death of a person in New Mexico. The family of a deceased person cannot directly sue for wrongful death, but the personal representative can sue on behalf of the family.
What is a Personal Representative in New Mexico Law?
The personal representative is the executor of your will. Some duties for the personal representative in New Mexico include:
- Notify heirs and devisees of the estate within 10 days of the person’s death
- File a list of heirs and devisees of those who received the death notice
- Notify known creditors of the decedent
- Prepare inventor and/or appraisal of assets of the estate to be provided to any persons who request it
- Distribution of estate assets to family and/or heirs
- Prepare the accounting of the estate
- Funeral arrangements
- Filing USPS forms
- Cancel decedent’s credit cards
- Notify the social security office and Medicare office (if applicable)
- Cleaning the estate
- File federal and state tax returns if the estate is worth more than $5,430,000
- File income tax returns for the decedent if the estate earned more than $600
While there are a lot of duties the personal representative is responsible for, there are people who can help. For example, you can get a probate lawyer, accountant, and an appraiser to help you with many items on the list above as well as other duties you may come across as you begin to settle the estate. However, if you choose to file a wrongful death lawsuit, you may need a wrongful death lawyer in New Mexico to help you navigate the legal system to ensure you get the recovery you deserve.
How to File a Wrongful Death Case in New Mexico
In New Mexico, you have three years to file a wrongful death lawsuit. The personal representative can file the wrongful death claim on behalf of the decedent and their heirs. However, wrongful death claims can be difficult to maneuver in the courts. Claimants need to prove a duty of care and the prove that that duty was breached. Just as in any other type of personal injury lawsuit in New Mexico, you’ll also need to prove that the breach of duty led to the death of the victim.
This all may seem overwhelming. Some people don’t even know where to begin. That’s why hiring a wrongful death lawyer in Albuquerque is recommended for cases such as these.
Ron Bell Injury Lawyers takes great care to ensure that the details of your wrongful death case are organized and cover all the bases. We’ll know who to file the claim against and how to negotiate with insurance companies that may be involved. Additionally, we can help you calculate your losses by going over the details of the case and the incident that led to the victim’s death.
Learn more about how we can help you with your wrongful death case by calling 898-BELL.