New Mexico lets the jury award compensatory and exemplary damages in a wrongful death action brought by the personal representative, including loss of companionship, with no cap outside malpractice and government claims. You have three years.
Enter pecuniary losses, a noneconomic level, the type of defendant, and the fault split.
Under NMSA 41-2-3, the action is brought by the personal representative, and the jury may give compensatory and exemplary damages it deems fair and just. The statute's purpose, courts have said, was not merely compensation but also to make negligence causing death costly to the wrongdoer.
New Mexico places no caps on damages except in malpractice cases and claims against the government. The deadline is three years from the date of death.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited New Mexico statutes. Confirm how these rules apply to your specific case with a licensed New Mexico attorney.