In New Mexico, the statute of limitations for a wrongful death case is three years. As soon as someone passes away, the clock starts. If family members miss the deadline, even if their case otherwise would have been valid and resulted in significant financial compensation, they may not be able to file a wrongful death suit.
This is part of the reason why it is important to begin looking into your legal options any time that a loved one passes away and you believe it may be due to the negligence of another person or entity. You do not want to procrastinate. This is an emotional time, but you need to work relatively quickly to preserve evidence and file your case before any important deadlines are missed.
How could a wrongful death occur?
There are a wide variety of reasons why a wrongful death case may be appropriate. Some examples include:
- Medical malpractice, such as surgical mistakes or medication mistakes
- Premises liability cases, such as negligent security at a hotel or a serious slip and fall accident on another person’s poorly maintained property
- Fatal aviation accidents, boating accidents or motor vehicle accidents
- Exposure to dangerous or defective products
These cases can be very complicated. Just because a loved one passes away in a medical institution does not necessarily mean that it is medical malpractice, for instance. You have to demonstrate that there was a duty of care and some element of negligence on behalf of medical professionals, directly leading to that person’s passing.
As you go through this process, it can be very helpful to work with an experienced wrongful death attorney so that you know how to build your case and adhere to all legal deadlines.