What a wrongful death claim is
Wrongful death is a civil claim brought when someone dies because of another party's negligence, recklessness, or intentional act. It exists so the people left behind can hold the responsible party accountable and recover for what the loss has cost them. If the person who died could have brought an injury claim had they survived, that claim does not disappear with them.
Wrongful death under New Mexico law
New Mexico's Wrongful Death Act (NMSA 1978, Section 41-2-1) allows a claim when a death is caused by a wrongful act, neglect, or default. The claim is filed by the personal representative of the deceased person's estate, on behalf of the surviving spouse, children, parents, or other heirs the statute names. Most wrongful death lawsuits in New Mexico must be filed within three years of the death. Claims against a government entity follow the Tort Claims Act, which has a much shorter notice window, so call early.
Wrongful death under Navajo Nation law
The Navajo Nation does not have a single codified wrongful death statute. Its courts recognize wrongful death claims under Navajo case law, Navajo common law, and Navajo customs and traditions, grounded in tribal sovereignty. Who may bring the claim is guided by the immediate-family rule rather than a probate appointment, and remedies focus on both compensation and restoring balance, or hózhó, for the family. Whether a case belongs in tribal, state, or federal court depends on where the death occurred and who was involved. See our page on Navajo Nation jurisdiction.
What a family can recover
- Medical and funeral expenses from the injury through the death.
- Lost income and support the deceased would have provided over a working life.
- Loss of companionship, guidance, and society for the surviving family.
- The deceased's own pain and suffering before death, where it can be shown.
- Punitive damages in cases of reckless or malicious conduct, such as a drunk driver.
The cases we see most in the Four Corners
Fatal crashes on Interstate 40 and US 491, commercial truck collisions, drunk-driving deaths, and deaths from negligent care at federal and tribal medical facilities under the Federal Tort Claims Act. Each of these carries its own deadlines and, often, its own court system. We build the claim for the right forum from the first call.
How we handle these cases
A wrongful death case starts while a family is grieving. We take the calls from insurers and investigators so you do not have to, preserve the evidence before it is lost, and give you a straight answer about what the claim is worth and how long it will take. The consultation is free and confidential, and there is no fee unless we win.
The law behind these cases
- NMSA 1978, Section 41-2-1The New Mexico Wrongful Death Act: a claim exists when a death is caused by a wrongful act, neglect, or default that would have supported an injury claim.
- NMSA 1978, Section 41-2-2Three years from the date of death to file, and the Act treats that as a limit on the right itself, not just the remedy.
- NMSA 1978, Section 41-2-3The claim is brought by a personal representative and the proceeds go to the statutory beneficiaries, not to the estate's creditors.
- Estate of Brice v. Toyota Motor Corp., 2016-NMSC-018The Supreme Court allowed a late wrongful death claim where the manufacturer fraudulently concealed the defect that caused the death.
Each citation links to the statute, regulation, or reported opinion. How they apply depends on the facts of your case.
Where we handle wrongful death cases
Keeler & Keeler is based in Gallup, New Mexico, and represents injured people across McKinley County, San Juan County, Cibola County, the Interstate 40 corridor, and the Navajo Nation. If you are looking for a wrongful death lawyer in Gallup, wrongful death lawyer in Grants, wrongful death lawyer in Farmington, wrongful death lawyer in Albuquerque, wrongful death lawyer for the Navajo Nation, the consultation is free and can start with a phone call to (505) 722-5608.
