Wrongful Death Attorneys in Albuquerque: $20+ Billion Won
There is nothing more devastating than the loss of a loved one. The knowledge that our grief is the direct result of carelessness or wrongdoing can make us feel vulnerable, robbed, or attacked. Arnold & Itkin has helped many families in the same position you’re in now, and we know how to fight for what you need. If you have lost a family member or other loved one in an accident caused by the negligent or careless actions of another, contact our Albuquerque wrongful death lawyers to learn what to do next. We have won $20+ billion in verdicts and settlements for clients nationwide. We have the experience and track record that families need when they’re up against corporations with endless resources.
Ready to discuss your legal rights and options? Contact our wrongful death attorneys in New Mexico online or call (888) 493-1629 for your free, private consultation.
Helping Families in New Mexico & Nationwide: Our Results & Recent Cases
With wrongful death claims, New Mexico law attempts to do the impossible: undo the damage left behind by the untimely loss of someone you love. In reality, our Albuquerque wrongful death lawyers fight to help plaintiffs robbed of spouses, parents, children, and other loved ones, get justice from those responsible. In the process, we seek the resources needed to rebuild their lives. Through answers and accountability, we fight to set things right.
Our firm has won numerous record-setting wrongful death verdicts and settlements, including:
$860 million verdict for parents who lost their daughter when a crane collapsed on her apartment.
$222 million verdict for the wife and children of a man fatally burned in a plant steam release accident.
$209 million verdict for the family of an oilfield worker who died after being exposed to a deadly virus.
$164.5 million settlement for the family of a worker who suffered fatal burns at an oil and gas facility.
We’ve helped grieving families hold large corporations accountable for lost wages, medical bills, and funeral expenses, but we’ve also held those companies accountable for the immeasurable pain and suffering created in the wake of tragic loss. It’s a role we wish wasn’t necessary, but we’re also proud to help these families move forward.
Recent Wrongful Death Cases Filed
It's not only for our results that people turn to us for help. It's that we emphasize the “personal” element of personal injury, building cases around the real human loss at the heart of every fatal accident. We take a client-first approach.
Here are some recent wrongful death lawsuits our attorneys have filed:
Our New Mexico wrongful death lawyers pour all our resources, time, and effort into every case, so it's hard not to make every case personal.
Who We've Helped: Client Stories & Testimonials
People come to our firm during the most difficult times of their lives. After losing someone you love, it can be difficult to see any sort of a future ahead. Getting answers about what happened and seeing those responsible held accountable, however, can bring some measure of relief and closure. That is what we try to bring to families who seek our New Mexico wrongful death attorneys' counsel.
We have taken on wrongful death cases throughout the United States related to all types of incidents: offshore accidents, plant explosions, cargo ship accidents, trucking collisions, drownings, and more.
In one notable case, we represented three women who lost their husbands when the cargo ship they were working on sank in 2015's Hurricane Joaquin. The El Faro's entire 33-person crew perished after the vessel steamed directly into the path of the storm and sank, leaving 33 families without loved ones they relied on for support, love, and companionship.
“There was a lot that changed in my life because he wasn't there anymore. Part of my life left.” - Tinisha Thomas
“I didn't want his life to be wasted. I didn't want his life to be of no meaning at all.” - Mildred Solar Cortes
“…we were getting very few answers. I knew that I needed help. So I started looking for attorneys.” - Terrie Hargrove
Our trial lawyers fought for the answers and accountability our clients needed and deserved after suffering the loss of their spouses. We were able to secure a result that brought stability and justice into their lives.
“I told him, ‘Kurt you’re my hero. You’re my knight in shining armor.’ Because that’s how I feel toward him. He’s there to protect me, and I feel so safe. They are driven. They are aggressive. They will not quit for you. They will not give up for you. That’s what makes them special.”
According to New Mexico Statutes 41-2-1, when "the wrongful act, neglect or default of another" causes a person's death, the injured party is entitled to "maintain an action and recover damages in respect thereof." In non-legal terms, this basically means that people or corporations can be held accountable when their acts (or failures to act) cause the death of a person. Examples might include a distracted driver who strikes a pedestrian, a manufacturer that creates a dangerous product, or an employer that fails to protect its workers.
Any acts of carelessness and negligence may provide a foundation for a wrongful death case against the responsible party/parties. Intentional acts like assaults or attacks can also provide grounds for wrongful death actions. In New Mexico, a person who commits a felony against another person could face criminal charges and a wrongful death suit in civil court. Any parties that allowed the felony to occur could also be held accountable, such as a hospital for hiring a doctor with a record of misconduct or a bank for failing to provide adequate security.
Each state has a statute of limitations on wrongful death claims. In New Mexico, a wrongful death action must be brought within three years. Failing to file a case in time could limit a family's ability to seek justice.
Damages in a New Mexico Wrongful Death Lawsuit
The purpose of a wrongful death lawsuit is to help surviving family members get the financial support it will take to create a more stable future. There is no way to erase the loss they have experienced, but a successful lawsuit will help them find answers and will result in a settlement or award that covers financial losses and emotional trauma. This can go a long way in helping a family find some peace of mind and stability after their loss.
The following damages may be recoverable in a wrongful death lawsuit in New Mexico:
Economic Damages: Medical expenses, funeral costs, loss of wages and benefits, and more.
Non-Economic Damages: Pain and suffering, loss of care, loss of companionship, and more.
As Albuquerque wrongful death attorneys, our team knows you have been through enough. We make it our mission to help our clients in every way possible, handling their cases with the level of professionalism and attention to detail that allows them to focus on mourning, healing, and spending time with loved ones. When big companies cut corners, manufacturers put profits first, and people act recklessly, our lawyers step forward and seek justice in the name of those who have been lost, serving as a representative of the deceased as well as the families they leave behind.
More on Non-Economic Damages in New Mexico
Under New Mexico law, the non-economic damages resulting from a wrongful death seek compensation for the emotional and social harm the loss of a loved one can cause. It’s well documented, for instance, that the loss of a parent can have a disastrous effect on a child’s school performance, which in turn impairs their future prospects. The loss of a spouse deprives surviving partners of companionship and support, which erodes their quality of life.
The Difference Between Survival Actions & Wrongful Death Claims
Civil trial law offers two distinct but complementary avenues for holding negligent parties accountable after a fatal accident: survival actions and wrongful death claims. Understanding the difference is crucial because each one serves a different legal purpose and affects different parties.
A survival action is essentially a personal injury lawsuit that the deceased could have filed had they survived. In New Mexico, this type of claim is brought by the personal representative of the decedent’s estate under NMSA § 37-2-1, and any damages awarded become part of the estate. Compensation may include the pain and suffering the individual experienced before their death, medical bills related to their fatal injuries, and burial expenses. These claims focus on what the deceased endured—from the moment of injury until their passing.
A wrongful death claim, on the other hand, is focused on the family left behind. Brought under New Mexico’s Wrongful Death Act (NMSA § 41-2-1 to § 41-2-4), this type of lawsuit seeks to recover damages on behalf of the surviving spouse, children, parents, or other beneficiaries. It compensates for the tangible and emotional losses suffered by the family, such as loss of financial support, funeral costs, emotional anguish, and loss of companionship or guidance.
New Mexico law is clear: while both actions can be filed concurrently, they must be brought by the same personal representative of the estate, and the compensation must be distributed according to the statute’s priorities. These claims are subject to strict time limits—generally three years from the date of death—so acting quickly is critical.
If you have questions about your rights, our Albuquerque wrongful death law firm is prepared to help. We can answer your questions and help you understand your options for taking legal action during a free consultation.
Wrongful Death: Causes & Liability
A wrongful death may be caused by any type of negligence or intentional wrongdoing. A reckless driver, a defective product, or a dangerous workplace could claim one or more lives, leaving families without the ones they love. It is crucial for at-fault parties to be held responsible, and a wrongful death lawsuit is often the best way to accomplish this.
Our New Mexico wrongful death firm takes on cases involving:
Premises liability, which may include any type of accident or injury on another's property
Catastrophic events like pipeline explosions, railroad accidents, and aviation accidents
When we take on a wrongful death case, we investigate every aspect of the incident to determine what caused it and who is responsible. This helps us identify any and all defendants—and sources of compensation. With our experience in this area of law and our unwavering commitment to putting in the work it takes to win, we can then build a compelling case that explains what caused our client's loss and who is to blame. Every case is different, and that is why our wrongful death lawyers in Albuquerque never cut corners or take the easy way out.
We fight with everything we have because we believe in doing right by our clients.
Key Elements of a New Mexico Wrongful Death Case
Pursuing a wrongful death case on behalf of someone you love requires certain critical elements. If these are present, you may have grounds for a lawsuit. As the plaintiff (person bringing a case against another person or company), it is your responsibility to prove fault, so it's crucial to ensure you have a skilled attorney to seek the outcome you need.
In New Mexico, the essential elements of a wrongful death case are:
Duty of Care: You must demonstrate that the defendant owed a duty of care to the person you lost. This duty varies depending on the relationship and circumstances, but generally refers to the obligation to act as a reasonable person would under similar circumstances, such as a driver obeying traffic laws.
Breach of Duty: You must prove that the defendant breached this duty of care. A breach occurs when the defendant's actions (or failure to act) do not meet the established standard of care expected to protect others from unreasonable risk of harm. An example may be a lifeguard who is texting instead of watching swimmers.
Causation: The breach of duty must be linked to the cause of death. This means that the death would not have occurred except for the defendant's actions, or that the defendant's actions were a substantial factor in causing the death. If a swimmer drowned while a lifeguard was texting, the lifeguard's inattention may establish causation.
Damages: The wrongful death must have resulted in quantifiable damages. This may include both economic and non-economic damages, such as medical expenses, funeral and burial costs, loss of income and potential earnings, loss of companionship, and pain and suffering endured by the deceased before death.
Qualified Plaintiff: Under New Mexico law, the personal representative of the deceased's estate must file the wrongful death claim. However, any damages recovered are held for the benefit of the surviving spouse, children, or parents of the deceased. If no such relatives exist, the damages may then benefit the deceased’s estate.
Understanding these elements is crucial for families considering a wrongful death lawsuit. If you are unsure of whether you have a case and how to proceed, don't wait to reach out to our wrongful death attorneys in New Mexico for a free, no-obligation consultation. We will take the time to listen and offer sound insight into your options and next steps.
How a New Mexico Wrongful Death Attorney Can Help
In the aftermath of losing a loved one, it can be difficult to envision a better future. The thought of hiring an attorney or taking legal action might not be anywhere near the top of your concerns. However, medical bills will pile up, you'll have to face funeral costs, and you'll need to adjust to life without your loved one's support. An attorney can help by handling everything while you focus on healing, spending time with family, and remembering your loved one. You can get answers, see justice served, and get the financial support you need.
When we take on a wrongful death case, our Albuquerque wrongful death attorneys:
Work with investigators and experts to determine what caused the incident.
Identify all at-fault parties and potential sources of compensation.
Gather relevant evidence to build a compelling wrongful death case.
Negotiate with the defendant and their insurance company.
Take the case to court if the defendant will not negotiate or settle for a fair amount.
Fight until the best possible outcome has been reached for the family.
About Albuquerque, NM
Albuquerque, often abbreviated ABQ, is New Mexico’s most populous city. As of July 2021, the U.S. Census Bureau estimated Albuquerque had a population of 562,599. The city covers a land area of just over 187 square miles and is flanked by the Sandia Mountains and West Mesa just north of central New Mexico. It has one of the highest elevations of any major U.S. city. Albuquerque was founded in 1706 as an outpost called La Villa de Albuquerque, named after the Viceroy Francisco Fernández de la Cueva, the 10th Duke of Albuquerque (a town in Spain).
Today, Albuquerque’s economy is diverse, centered on such industries as technology, science, medicine, commerce, entertainment, and education. The city is home to The University of New Mexico and Central New Mexico Community College, and both Microsoft and Micro Instrumentation and Telemetry Systems (MITS) were founded in Albuquerque.
Get the Answers You Need from Our Albuquerque Wrongful Death Lawyers
If you have lost a loved one, contact our New Mexico wrongful death lawyers. You have the opportunity to get answers and seek justice in your loved one's name, but it will take a powerful team to hold at-fault individuals, corporations, and insurance companies accountable. At Arnold & Itkin, when we take on a wrongful death case, we fully commit. We seek the result that brings peace of mind and stability to families who've lost loved ones. From construction accidents to car crashes to pipeline explosions, we help those who have loved ones create brighter and more stable futures.
Who Can File a Wrongful Death Lawsuit in New Mexico?
In New Mexico, a wrongful death lawsuit must be filed by the personal representative, or executor, of the deceased’s estate. This is often the spouse, but it may be a different person who the deceased named as executor at an earlier date. If there is no personal representative named, the court will appoint one. Although it is essentially the estate of the deceased that files a wrongful death lawsuit, the proceeds of the case will go to the beneficiaries of that estate. Damages will be disbursed to the surviving spouse, children, and grandchildren based on applicable New Mexico Right of Representation laws. The best way to find out who should file and how to move forward with a wrongful death case is to talk to an attorney. We’re standing by to help!
Should I Talk to an Albuquerque Wrongful Death Lawyer?
As a family member or the personal representative of a loved one’s estate, you may wonder whether you should involve an attorney. The best thing you can do for yourself and your family at this point is to review your options with a knowledgeable legal professional. When you work with a skilled Albuquerque wrongful death attorney, you’re giving yourself the opportunity to find out why your loved one died and who caused their death. It is highly unlikely that the at-fault party will admit that they’re to blame and offer to pay medical bills, funeral costs, and the earnings your loved one can no longer make. An attorney with experience in wrongful death lawsuits can put the pressure on and help you seek complete compensation.
What Is My Wrongful Death Case Worth?
The value of a wrongful death case will depend on several factors. This may include the cost of medical treatment, funeral or burial expenses, loss of future income and benefits, property damage, and any other losses or expenses that resulted from the at-fault party’s behavior. Damages may be awarded for emotional harm as well, like pain and suffering or loss of companionship. To find out the potential value of your case, talk to our New Mexico wrongful death lawyers at Arnold & Itkin. Your initial consultation is free and private!
