Wrongful Death
Pursuing Justice for Families After Tragic Loss
The sudden loss of a loved one is devastating - especially when it could have been prevented. At GPJ Legal, we help families seek justice and accountability in the wake of fatal accidents caused by negligence, recklessness, or wrongful conduct.
We understand the emotional and financial weight these cases carry. With over 35 years of experience in civil trial litigation, we provide compassionate legal guidance while building strong, strategic cases on behalf of surviving family members.
What Is a Wrongful Death Claim?
A wrongful death occurs when someone loses their life due to another party’s negligence, carelessness, or intentional act. In New Mexico, certain surviving family members have the right to pursue a claim for damages - including lost income, funeral expenses, and loss of companionship.
We handle wrongful death cases arising from:
Fatal car and truck accidents
Drunk or distracted driving
Workplace or construction accidents
Oil field and industrial incidents
Dangerous property conditions
Medical negligence
If you believe your loved one’s death could have been avoided, you may have a legal case. We’re here to help you understand your rights.
Who Can File a Wrongful Death Claim in New Mexico?
Under New Mexico law, a wrongful death claim must be filed by a personal representative of the deceased’s estate - often a surviving spouse, child, or parent. We’ll walk you through the process and help you determine eligibility, timelines, and what to expect moving forward.
Why Families Trust GPJ Legal
Strategic Advocacy, Rooted in Experience
We’ve represented both plaintiffs and defendants in complex litigation. That insight helps us anticipate challenges and build stronger cases for our clients.
Focused on Serious, High-Stakes Cases
Wrongful death claims are complex. We bring over three decades of courtroom experience to every case we handle.
Compassionate, Clear Legal Support
We know this is one of the hardest times in your life. We’ll take the legal burden off your shoulders and provide the clarity you need to make informed decisions.
Damages in a Wrongful Death Case
Surviving family members may be eligible to recover compensation for:
Medical and funeral expenses
Loss of income or financial support
Pain and suffering
Loss of companionship or consortium
Emotional distress
Punitive damages (in cases of gross negligence or misconduct)
Every case is different. We’ll evaluate the full impact of your loss and work to pursue the compensation you and your family deserve.
What is a claim for “wrongful death?”
In New Mexico, the law requires a wrongful death case to be filed by a court-appointed personal representative of the deceased person's estate. The personal representative usually brings the case for the benefit of the Estate.
Who can bring a wrongful death claim?
In New Mexico, the law requires a wrongful death case to be filed by a court-appointed personal representative of the deceased person's estate. The personal representative usually brings the case for the benefit of the Estate.
What damages are recoverable in wrongful death lawsuits?
Damages in a wrongful death lawsuit can include two kinds of compensatory damages - economic damages and non-economic damages. Economic damages compensate for direct financial losses like hospital bills prior to the deceased’s death, lost wages of the deceased, and funeral and burial expenses. Non-economic damages compensate for indirect losses that are more subjective in nature, such as mental anguish, pain and suffering, and loss of companionship.
A qualified wrongful death attorney will be able to provide counsel about how the law applies to a particular case, including what types of damages may be recovered, whether any damages caps apply and the best strategies to pursue.
Are there time limits for bringing a wrongful death lawsuit?
Yes, there are time limits for bringing wrongful death lawsuits. Unless a lawsuit is filed by the proper party within the time allowed by law, any right to recover monetary damages will be lost forever. Several factors come into play in properly calculating how much time the law allows to sue. This critical calculation is best done by an experienced wrongful death attorney early on.
If I bring a wrongful death lawsuit, will I have to go to court?
As with any lawsuit filed, there is a chance that the action will have to proceed to court, and you must be prepared to do so. However, many wrongful death cases are settled without going to trial.
An attorney with experience representing clients with wrongful death cases will possess the skills required to fully and properly litigate your claim, while at the same time working to recover the compensation you deserve in a reasonable amount of time. Since every case might proceed to trial and no one knows until a case is concluded if it will be tried, it is essential that you choose a wrongful death attorney qualified to represent your interests and protect your right to recovery in front of a judge and jury if that becomes necessary. Having a qualified, experienced trial lawyer with a track record of success in court is especially important for those who want the highest settlement out of court.
What should I look for in choosing a wrongful death attorney to represent me?
There are many personal injury and wrongful death attorneys out there, and it’s important to know what separates the attorneys qualified to handle your wrongful death claim from those who are not. Main factors include:
• RESOURCES REQUIRED TO LITIGATE YOUR CLAIM: Pursuing a wrongful death claim is costly. From gathering evidence to obtaining experts needed to assure that you prevail in your case, the expenses mount quickly. A qualified wrongful death attorney must have the resources to cover those costs. A wrongful death attorney who has experience as well as a record of recovering outstanding results on behalf of the client is more likely to have the resources to ensure superior preparation and litigation of your claim.
• EXPERIENCE: To ensure a higher chance of prevailing on your case, it’s vital to select an attorney with substantial experience successfully litigating wrongful death cases.
• DEDICATION AND DILIGENCE: It is in your best interests to select an attorney who dedicates a large part of his or her practice to wrongful death cases. Also, be sure to choose an attorney who can offer you the individual attention you need. In doing so, you can ensure that your claim is being handled by an attorney with the proper knowledge to litigate your case and that your claim will be thoroughly prepared and presented - not ignored because of an attorney’s large caseload.
• RESULTS: Finally, you should seek out an attorney who has a reputation for achieving the maximum recovery for his or her clients. Often, the defendant in a wrongful death case will be a corporation and usually insurance companies are involved. Typically, wrongful death cases are defended by highly skilled defense attorneys who work hard at preventing their clients from having to pay or minimizing what they do pay. A wrongful death attorney with a history of securing exceptional results for clients against such adversaries is the type of attorney you want handling your wrongful death case.
How much does it cost to hire a wrongful death attorney?
In wrongful death cases, the client usually does not pay the attorney an hourly rate and no money is paid upfront. Instead, the client pays a defined percentage of the money that is recovered in a wrongful death lawsuit. This is referred to as a contingent fee arrangement, and the percentage can vary depending on the circumstances of the case. Additionally, the law firm you are working with will usually pay all necessary out-of-pocket expenses subject to a right of reimbursement without interest at the conclusion of the case. In a contingent fee arrangement, if there is no financial recovery in a lawsuit, the attorneys are not paid.
Why is GPJ Legal the right law firm to handle a wrongful death case?
• Our attorneys have an outstanding record of success representing clients with wrongful death cases, including those with lawsuits arising from medical malpractice, product liability, semi-truck and motor vehicle negligence, oil field accidents, workplace injuries, and construction accidents.
• Our attorneys are skilled negotiators but also highly experienced litigators who are not afraid to take a case to trial.
• We have an established and constantly expanding network of expert resources to aggressively pursue the best outcome for our clients under their unique circumstances.
• We exclusively represent individuals who have suffered severe injuries and families that have lost loved ones.
• Our lawyers and legal support staff take great pride in delivering personalized legal service, never losing focus of what matters: our client.
Will I have to pay a fee to have an attorney at GPJ Legal review my case?
No. If you feel that a loved one may have been a victim of wrongful death, rest assured that there is never a fee to have the circumstances reviewed by one of our experienced attorneys.
What should I do if I suspect my loved one’s death was caused by negligence?
If you believe negligence or wrongdoing caused your loved one’s death, act quickly to preserve evidence and protect your family’s rights. Request medical and accident records, document any communication with the responsible parties, and avoid signing insurance settlements before consulting an attorney. GPJ Legal helps families investigate what happened, determine liability, and file claims that seek justice and financial security after a devastating loss.
