When a loved one passes away due to the negligence or misconduct of another party, it can be a devastating and confusing time for the family. In New Mexico, there are two legal actions that can be taken in such cases: wrongful death and survival actions. Understanding the difference between these two types of claims is crucial for families seeking justice and compensation for their loss. In this comprehensive guide, we will explore the key differences between wrongful death and survival actions and provide tangible advice for navigating these complex legal processes in New Mexico.
1. Wrongful Death vs. Survival Actions: The Basics
Both wrongful death and survival actions are legal claims that can be filed when a person dies as a result of someone else's negligence or wrongful act. However, there are some key differences between the two:
- Wrongful Death: This type of claim is brought by the personal representative of the deceased person's estate on behalf of the surviving family members. The purpose of a wrongful death claim is to compensate the family for their losses, such as loss of companionship, financial support, and emotional distress.
- Survival Actions: This type of claim is also brought by the personal representative of the deceased person's estate, but it is meant to compensate the estate for the losses the deceased person suffered before their death. This can include medical expenses, lost wages, and pain and suffering.
2. Who Can File a Wrongful Death or Survival Action in New Mexico?
In New Mexico, the personal representative of the deceased person's estate is responsible for filing both wrongful death and survival actions. This personal representative is typically named in the deceased person's will or appointed by the court if there is no will. The personal representative represents the interests of the deceased person's estate and their surviving family members.
3. What Damages Can Be Recovered in Wrongful Death and Survival Actions?
The damages that can be recovered in wrongful death and survival actions differ based on the type of claim:
- Wrongful Death: In a wrongful death claim, surviving family members can seek compensation for a variety of losses, including funeral and burial expenses, loss of financial support, loss of companionship, and emotional distress.
- Survival Actions: In a survival action, the deceased person's estate can recover damages for medical expenses, lost wages, and pain and suffering that the deceased person experienced before their death.
4. Time Limits for Filing Wrongful Death and Survival Actions in New Mexico
It is important to be aware of the time limits for filing wrongful death and survival actions in New Mexico. According to the New Mexico Statutes, a wrongful death claim must be filed within three years of the date of the deceased person's death. A survival action must also be filed within three years of the date of the deceased person's death. Failing to file within these time limits can result in the loss of the right to pursue a claim.
5. Seek Legal Guidance from an Experienced New Mexico Attorney
Navigating the complex legal processes involved in wrongful death and survival actions can be challenging, especially during a time of grief. It is crucial to seek the guidance of an experienced New Mexico attorney who specializes in these types of cases. At James Wood Law, we understand the intricacies of wrongful death and survival actions in New Mexico and are dedicated to helping families seek justice and compensation for their loss. Contact us today to discuss your case and learn more about your legal options.