Wrongful Death Lawsuits in New Mexico

The action is brought by the personal representative of the person who died. The jury may award compensatory and exemplary damages. Proceeds are not subject to the decedent's debts and are distributed: to a surviving spouse if there are no children; half to the spouse and half to children and grandchildren if there are both; to children and grandchildren if there is no spouse; to the parents if the decedent was a childless, unmarried minor; then to brothers and sisters; otherwise as personal property of the estate.

Within three years after the cause of action accrues; the cause of action accrues on the date of death.

No general cap on damages in ordinary injury cases was found. Caps apply to medical malpractice claims under the Medical Malpractice Act and to claims against government entities under the Tort Claims Act.