Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In New Mexico, wrongful death claims are governed by the New Mexico Wrongful Death Act (NMSA 1978, Sections 41-2-1 to 41-2-5). According to this act, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another. The personal representative of the deceased's estate is the only party allowed to file a wrongful death lawsuit. If the deceased has no personal representative, the court may appoint one. The damages recovered from a wrongful death claim are distributed to the surviving family members as specified by the act: first to the spouse and children, then to the parents, and if there are no surviving immediate family members, to the siblings. The damages may include compensation for the deceased's pain and suffering prior to death, medical and funeral expenses, loss of companionship, and loss of future earnings. It is important to note that wrongful death claims in New Mexico must be filed within three years of the date of the deceased person's death, as per the state's statute of limitations.