New Mexico law
Wrongful Death Laws in New Mexico.
New Mexico's Wrongful Death Act (NMSA 1978 § 41-2-1 et seq.) permits recovery by the personal representative on behalf of statutory beneficiaries (spouse, children, parents, siblings). Damages include pecuniary losses, loss of companionship/society, mental anguish, and pre-death pain and suffering. The 3-year statute of limitations runs from the date of death. New Mexico's pure comparative fault applies.
Last verified: 2026-04-17
State law
Statute of Limitations
Wrongful death actions must be filed within 3 years of the date of death.
State law
Key New Mexico Statutes
Action brought by the personal representative for the benefit of the surviving spouse, children, parents, siblings, or other statutory beneficiaries. Damages include pecuniary losses (lost earnings reduced to present value), loss of companionship and society, mental anguish of beneficiaries, and pre-death pain and suffering.
New Mexico permits recovery of the decedent's "value of life" as an element of wrongful-death damages — a distinctive and plaintiff-friendly measure not universally recognized.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.
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