Losing a loved one in a preventable accident is a tragedy no one should have to endure. Unfortunately, many fatal accidents are caused by another individual’s negligence or intentional actions. These accidents leave survivors with terrible emotional pain and severe financial burdens. If this describes what has happened to your family, you may be able to receive compensation for medical bills, funeral expenses, pain and suffering, and more. Consider contacting a wrongful death lawyer for someone who died in New Mexico today.

Zinda Law Group injury attorneys have helped families of victims in Albuquerque, Santa Fe, Las Cruces, and throughout New Mexico. Our team has the resources and experience necessary to fight tirelessly on your case. Further, we are here to guide you and your family through this difficult time. Call (800) 863-5312 today to receive your free consultation with one of our skilled wrongful death attorneys in New Mexico.

how do i know if i have a wrongful death claim?

After the death of a loved one or family member, you may be left feeling confused and unsure as to the next steps to take. After someone you loved died in New Mexico, you may be asking the following questions:

  • How do I know if I have a wrongful death claim?
  • Do I need a lawyer?
  • Who do I sue?
  • What may I receive compensation for?
  • Am I the right person to bring the wrongful death claim?

Contacting an experienced personal injury attorney can help put your mind at ease because they are equipped to answer all of your legal questions. Further, our attorneys have the expertise necessary to discuss the circumstances that must be proven before you are able to seek compensation in a wrongful death claim. The following are the circumstances which must be met before filing a claim:

Death of a Human

There must be a death of a human being in order to seek a wrongful death claim.

Cause of Death Caused by Another’s Negligence or Intent to Harm

Grounds for a wrongful death lawsuit exist when the victim dies due to the fault of another’s negligence or intent to harm. The negligence or harm may be from another person, company, business, or other entity. When bringing the claim, the party seeking compensation must meet the same burden of proof the deceased would have had to meet if he or she was still living. In other words, the party bringing the claim must be able to show that the defendant was negligent or purposefully intended to harm the decedent, and that the defendant’s actions were the cause of the victim’s death.

Negligence can be proven by showing that the defendant owed the decedent a duty of care. The defendant breached that duty; in fact, the breach was the cause of the victim’s death, and the death caused some kind of damage to the party bringing the wrongful death claim.

Monetary Suffering and Injustice as a Direct Result of the Victim’s Death

The party bringing the wrongful death claim—the deceased’s survivors—must be able to show that at least one member of the deceased’s family suffered quantifiable suffering as a direct result of the death of their loved one. Monetary suffering and injustice may include loss of inheritance, loss of expected income, and funeral expenses.

Standing to Bring a Wrongful Death Case

Not everyone is able to bring a wrongful death case. Although those who can file a lawsuit will vary from state to state, in most cases, the spouse of the deceased or an immediate family member may bring a wrongful death case. If you are considering bringing a wrongful death case, it is important to contact an experienced wrongful death attorney first. Our New Mexico personal injury attorneys have the ability to discuss your case and help determine if you are the right person to file the claim.

If your family member died as a result of the negligence or intentional actions of another individual or entity, you may be able to bring a wrongful death lawsuit on their behalf. Zinda Law Group attorneys have the experience and knowledge necessary to walk you through each step of the legal process. Our team may be able to get you and your family the maximum amount of compensation you deserve for the loss of your loved one.

examples of wrongful death cases

There are many different ways in which a wrongful death may occur. As the victim of the case is deceased, it is the responsibility of the surviving family members or the deceased’s estate to bring the lawsuit on the victim’s behalf. Below are examples of how a wrongful death claim may occur:

Pedestrian Accidents

At some point in time, everyone has been a pedestrian. Unfortunately, even if you follow the rules, stick to the sidewalks, and remain vigilant, pedestrian accidents may still occur. According to the National Highway Traffic Safety Administration, 6,205 pedestrians were killed in traffic accidents in 2019. If your loved one died as a pedestrian and at the hands of a negligent driver, you may have a wrongful death claim.

Motor Vehicle Accidents

The U.S. Department of Transportation’s National Highway Traffic Safety Administration releases traffic fatality data each year from the Fatality Analysis Reporting System. Although traffic deaths decreased nationwide from 2019 when compared to 2018, far too many individuals die each year from motor vehicle related accidents. For example, in 2019, there were 36,096 fatalities in motor vehicle traffic crashes in the United States. This is a 2% decrease from the 36,835 motor vehicle related fatalities in 2018. Motor vehicle accidents may occur for many reasons, including distracted driving, driving while intoxicated, or due to faulty mechanics.

Medical Malpractice

Doctors, nurses, and other health care professionals have a duty of care to each one of their patients. Wrongful death due to medical malpractice may occur when the health care professional is negligent, or otherwise fails to act, causing the patient’s death. This may be due to a misdiagnosis, surgical error, or a medication error.

Work-Related Accidents

A death that occurs while the victim was at the job site or while in the scope of employment can give rise to a wrongful death lawsuit. Depending on the circumstances of the accident, you may be able to bring a wrongful death lawsuit against the employer, manager, supervisor on duty, or the manufacturer of faulty equipment.

Examples of workplace accidents that may lead to death include:

  • Fires
  • Explosions
  • Faulty equipment accidents
  • Slips and falls on unmarked wet floors

Surviving family members of people who are killed due to the negligence, carelessness, or intentional actions of another individual or entity may be feeling lost, frustrated, and overwhelmed. An experienced wrongful death attorney may be able to investigate the case, determine who is at fault, and get you the compensation you deserve due to the loss of your loved one. Contact Zinda Law Group wrongful death lawyers in New Mexico today to discuss your unique case.


If your loved one has died due to the negligence or intentional actions of another person, company, or other entity, you may have a wrongful death case. An experienced personal injury lawyer in New Mexico may be able to help you investigate your accident, preserve evidence, negotiate with insurance companies, and file a lawsuit if necessary.

Those who have lost a loved one are often left with crippling emotional pain and substantial financial burdens. Family members of the deceased may be entitled to a wide variety of damages for their suffering and expenses. Examples of the types of damages that a Zinda Law Group attorney may help you receive compensation for include:

  • Medical bills
  • Funeral expenses
  • Loss of income
  • Loss of companionship
  • Pain and suffering

Our wrongful death attorneys are here to help you and your family members through this difficult time. Zinda Law Group attorneys have helped countless families seek the compensation they deserve due to the wrongful deaths of their loved ones. If you have any questions about your claim, contact one of our experienced attorneys today to set up your free confidential consultation.


At Zinda Law Group, our New Mexico wrongful death attorneys have the experience and resources necessary to help you seek compensation for the loss of your loved one. Our firm believes that survivors of wrongful death victims should never have to worry about their ability to afford top quality legal representation. That is why we offer 100% free consultations and why you will pay absolutely nothing unless we achieve a favorable settlement, judgment, or verdict in your wrongful death claim. That is our No Win, No Fee Guarantee.

If you have lost a loved one due to the negligence or intentional actions of another, call one of our skilled wrongful death attorneys at Zinda Law Group today. Contact our team at (800) 863-5312 for your free consultation.

Meetings with attorneys are available by appointment only.