Albuquerque Wrongful Death Lawyer
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The wrongful death of a loved one is a tragic experience. The surviving family may be dealing with extensive medical bills from the aftermath of the incident on top of emotional trauma.
At Olson Personal Injury Lawyers, our dedicated team understands how to navigate these challenging cases. Our Albuquerque wrongful death lawyers could help lift the burden by handling your case while you and your family focus on healing. Contact us today at (505) 391-8978 to schedule a complimentary consultation.
Table of Contents
- Albuquerque Families Can Trust Our Firm With Their Wrongful Death Cases
- What Determines a Wrongful Death Case in Albuquerque, New Mexico?
- Who Can File a Wrongful Death Claim in Albuquerque, NM?
- What Do You Need to Prove in a Wrongful Death Case?
- Albuquerque Wrongful Death and Negligence FAQs
- What Compensation Can You Recover in an Albuquerque Wrongful Death Case?
- Common Causes of Wrongful Death in Albuquerque
- What if I Believe a Loved One’s Death Was a Crime?
- Contact Our Albuquerque Wrongful Death Attorneys Today
Albuquerque Families Can Trust Our Firm With Their Wrongful Death Cases
Our firm stands out from the rest when it comes to handling wrongful death cases. We employ a team-based strategy and provide individualized care, complemented by our in-depth knowledge of local courts and insurance.
With our Zero Fee Guarantee and 30-day trial, financial barriers will not get in the way of you pursuing justice on your loved one’s behalf. With all of these advantages, you and your family take on less risk, less stress, more support, and better results.
Wrongful Death Cases We Have Taken on
Our wrongful death attorneys in Albuquerque boast a 99.6% case success rate, allowing you to put your trust in us. Read more of our case results or contact our office for more information.
Learn What Our Clients Have To Say About Us
We are proud to have represented countless clients in various accidents. Our team is dedicated to securing justice for negligence victims, and our testimonials demonstrate this commitment.
What Determines a Wrongful Death Case in Albuquerque, New Mexico?
Under the New Mexico Wrongful Death Act, a wrongful death takes place when a person is killed due to another’s wrongful act or neglect. There are numerous examples of wrongful death in Albuquerque, such as:
- A fatal car crash on the I-25
- A death from medical negligence at Presbyterian Hospital
- A fatal slip and fall at the Coronado Center mall
- A deadly boat crash on Abiquiu Lake
- Neglect at a local nursing home that leads to a senior’s death
Who Can File a Wrongful Death Claim in Albuquerque, NM?
Under New Mexico law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This person is typically named in the deceased’s will or trust; however, if none is named, the court will appoint a representative.
In many cases, the personal representative is the surviving spouse, or, if there is no spouse, one or more of the deceased’s children. If there is no spouse, children, or grandchildren, the parents or siblings may be entitled to compensation.
Olson Personal Injury Lawyers could help guide you and your family through filing a wrongful death claim and clarify local legal procedures.
What Do You Need to Prove in a Wrongful Death Case?
As with other personal injury claims, you must show that the defendant’s negligent actions caused harm—in this case, the decedent’s passing. After studying the evidence and developing a clear picture of what happened, your attorney will seek to identify the four criteria for negligence:
- The defendant (an individual or an entity like a business) had a duty of care. This refers to the basic expectation that—within reason—we should all avoid actions likely to harm others.
- The other party breached their duty of care. This means they engaged in behavior likely to cause injury or harm, such as driving recklessly, failing to follow safety procedures when using dangerous equipment, or failing to provide adequate security in a shopping center.
- This breach of duty caused the death. One of the most complex parts of a wrongful death case is linking the negligent actions directly to the cause of death. Often, the negligent party’s lawyer will argue that the death was either someone else’s responsibility or an unavoidable accident. A skilled personal injury attorney will craft a robust argument to counter this claim and prove how the negligent party’s actions resulted in the death.
- You have suffered damages because of the death. In a wrongful death case, damages may include final medical expenses, funeral and burial costs, loss of income or financial support, loss of consortium or companionship, emotional distress from losing a loved one, and, when relevant, the decedent’s pain and suffering before death.
Wrongful death cases are about more than money—they’re about accountability. Let us help your family find justice and financial security.
Albuquerque Wrongful Death and Negligence FAQs
How Does Shared Fault Affect a Wrongful Death Settlement in Albuquerque, New Mexico?
New Mexico’s pure comparative negligence law allows you to recover compensation from a wrongful death so long as you are not 100% at fault.
For example, in a personal injury case, you could still receive 75% of the compensation if you were 25% liable. Similarly, if the surviving family is awarded $100,000 but their deceased loved one was found to be 40% at fault, their recovery will be reduced to $60,000.
Our Albuquerque wrongful death attorneys can help determine fault and present evidence to show the decedent was not wholly responsible for their death.
Do I Need a Lawyer for a Wrongful Death Case?
Working with an attorney is critical to a successful wrongful death case. Their skill set and knowledge can ensure that all correct documentation is filed on time and accompanied by thorough evidence.
Sean Olson
“Most wrongful death cases are complicated, both in the manner in which you can prove the death occurred and the manner in which the claim needs to be made to make sure that your rights, as a loved one who’s left behind, are protected. It’s always a good idea to talk to a lawyer, at a very minimum, about your case to see how that case might play out over a period of time.”
Can I File a Wrongful Death Claim When There Are Criminal Charges as Well?
In New Mexico, civil wrongful death claims are separate from criminal cases. This means families can seek compensation even if criminal charges are pending or no charges are filed, and we could help navigate this process.
What Is the Statute of Limitations To File a Wrongful Death Lawsuit in Albuquerque?
The time given to file a wrongful death claim in Albuquerque is three years from the decedent’s death. While some exceptions may exist, such as cases involving government entities or minors, failing to file within this timeframe typically results in losing the right to pursue a claim.
Does It Take a Long Time To Settle a Wrongful Death Lawsuit?
Wrongful death cases often take longer than expected, and the timeline depends on how the death occurred and the case complexity. Delays can arise from disputes over fault or damages, so families should be prepared for a long process. These cases are often marathons, not sprints.
What Compensation Can You Recover in an Albuquerque Wrongful Death Case?
Several different forms of compensation may be recovered in a wrongful death case, such as:
- Funeral and burial costs
- Medical bills
- Lost wages
- Loss of companionship
- Pain and suffering
- Emotional trauma
The court may award punitive damages in cases of especially egregious behavior, which is more common in wrongful death cases. Our team takes a strategic approach to maximizing recovery for families in Albuquerque, involving in-depth evidence collection and aggressive negotiations with insurers. Learn more today by scheduling an initial consultation.
Common Causes of Wrongful Death in Albuquerque
The most frequent causes of wrongful deaths in Albuquerque include:
- Car accidents: There were 420 traffic fatalities in Albuquerque in 2024.
- Medical malpractice: In 2024, jurors in New Mexico awarded a man over $412 million in a medical malpractice case involving a men’s health clinic.
- Workplace accidents: Private industry employers reported 12,400 nonfatal workplace injuries and illnesses in New Mexico in 2022.
- Truck accidents: In 2024, 66 deaths in Albuquerque were due to truck wrecks.
- Motorcycle accidents: There were 52 fatal motorcycle crashes in Albuquerque in 2024.
What if I Believe a Loved One’s Death Was a Crime?
While most wrongful deaths result from negligence, some stem from intentional acts. Families often seek justice through criminal prosecution, only to learn that charges won’t be filed due to insufficient evidence.
Even if a criminal case isn’t possible, you may still have a strong civil case. The burden of proof is lower in civil court—requiring only a “preponderance of evidence” rather than proving guilt “beyond a reasonable doubt.” You also don’t need to show intent, only negligence.
A wrongful death lawsuit can’t bring back your loved one or impose criminal penalties, but it can provide financial support for medical bills, funeral costs, and your family’s future.
Contact Our Albuquerque Wrongful Death Attorneys Today
If your loved one passed away due to another person’s negligent actions, know that you have legal options to pursue justice. While securing compensation will not undo the tragedy, it can help support your family’s financial needs and add closure to a challenging time.
We encourage you to reach out to our law office today to schedule an initial case evaluation. Our seasoned Albuquerque wrongful death lawyers can review your case and determine the best course of action to take.
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