If you have lost a family member due to someone else’s negligence, you have a right to justice beyond what the criminal courts can provide. Under New Mexico civil law, you can demand compensation from the person or entity responsible for your loved one’s wrongful death.
Our compassionate Albuquerque wrongful death lawyers have a strong track record of helping New Mexico families who have suffered tragic losses at the hands of negligent individuals, companies, and even medical malpractice. The dedicated legal team at Parnall Law will fight fiercely for the maximum compensation your family needs to move forward, as well as the justice your loved one deserves.
Contact our team to review the circumstances of your case today in a free, no-obligation legal consultation. We will show your family the compassion, sensitivity, and respect you deserve during this difficult time.
New Mexico law defines a “wrongful death” as one “caused by the wrongful act, neglect or default of another” or by an act considered a felony. For example, causing death in a car accident while under the influence of alcohol is a felony in New Mexico. But any fatal car accident caused by a driver’s negligence (carelessness or recklessness) or traffic law violation may be subject to a claim for wrongful death.
As with personal injury claims for car crashes, truck wrecks, slip-and-fall accidents, premises liability, negligent security, etc., a wrongful death claim seeks compensation for losses caused by the accident. However, because the victim cannot speak for himself or herself, specific surviving family members are empowered to do so in the name of their loved one’s estate.
You must be the personal representative of the deceased person’s estate to file a wrongful death lawsuit in New Mexico. This is typically the person named as executor in a will. If there is no will, the court will name another immediate family member, such as a spouse or sibling.
Technically, the estate of the deceased seeks compensation in a New Mexico wrongful death claim, and proceeds are distributed to the victim’s surviving:
You can see how quickly this can become complicated given how the composition of families can change and may challenge traditional definitions. A wrongful death claim may also be complicated by the content of a will or other estate planning documents, or the lack thereof. And of course, those responsible for the wrongful death and their insurance company will dispute any fact of the claim they can, from their legal responsibility to your legal standing as a survivor.
By talking with a skilled Albuquerque wrongful death attorney at Parnall Law Firm, LLC, you can learn about your rights to compensation and better understand the legal process. Our team will work to establish your status as a survivor and potential beneficiary of the deceased’s estate, along with establishing liability (legal responsibility) for the wrongful death and pressing for compensation the estate and its survivors are due.
We’ll fight for the compensation you deserve
It is important to recognize that New Mexico has established a three-year statute of limitations on wrongful death claims, which is calculated from the date of death. Developing a solid wrongful death lawsuit can be a complex and time-consuming process when it is contested, as most are, and/or if there are multiple liable parties, which may also happen.
Parnall Law can do all the work necessary to help you pursue full and fair compensation after a wrongful death. We will take the burden off you as much as possible in this time of grief.
Although no one should seek to profit from an unjust death, we believe that no one should be left financially harmed by the loss of a loved one caused by someone else’s negligence. We recognize that nothing will truly make things right again, but obtaining the judgment that a wrongful death has occurred is, at least, a final statement made on behalf of someone whose ability to speak has been unfairly taken from them.
A successful wrongful death claim provides you and your family with the following:
A successful wrongful death lawsuit will also compensate survivors for:
A jury hearing a wrongful death case under New Mexico law may award any damages (compensation) “as they deem fair and just,” including as “exemplary” payment for any shocking or egregious conduct on the part of the defendant(s).
In most cases, our skilled Albuquerque wrongful death attorneys can negotiate an appropriate settlement with the defendant’s insurance company. We will present any settlement offer to you for approval, which is always your decision.
When we are unable to persuade insurers to do what’s right, however, our team is always prepared to fight in court to satisfy our client’s right to answers and compensation.
After a fatal accident, police and criminal courts will work to bring those who have broken the law to justice on behalf of society. Only a wrongful death attorney works for justice on behalf of survivors of the deceased, whose lives have been totally upended.
You have rights if someone else’s negligence, recklessness, or criminal intent has taken a loved one away from you in a fatal accident or crime. Parnall Law will seek answers for you and protect your rights to compensation for your damages.
Contact our wrongful death attorneys today, and let us address your questions and concerns in a free, no-obligation legal consultation. Our compassionate, determined, and tenacious team of legal advocates is ready to pursue all legal options available to you in the unjust death of a family member. We want to turn this tragic loss into a final statement of justice for you and your loved one.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
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January 2025 
I had never had to file a lawsuit in my life. I was afraid to even start the process. Una Campbell and staff like Maura were always so nice and always explained to me what was next. They checked up on me even if there was no movement in the case at the time. Even during a family emergency Una made sure she figured out how to show up to a meeting. I appreciated that but I would have understood. This made me see the hard work and the dedication she always put into all her cases. Thank you so much for everything. I wish you the Merriest of Christmases and many Happy New years!
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If you have been involved in a serious accident and sustained significant injuries, you need to consult with an Albuquerque personal injury lawyer to understand your legal options. After a serious injury accident, you will need to file a claim and deal with the insurance adjusters. The insurance company will try to minimize the amount it pays out in claims to protect its profit margin. It may deny your claim or offer a settlement that is a fraction of the fair value of the claim. A lawyer will help you understand your legal rights and whether you have a valid personal injury lawsuit.
A lawyer can collect evidence to strengthen your claim and negotiate on your behalf with the insurance company representing the at-fault party. A lawyer can push back if an insurer tries to deny your claim or take advantage of you. If the case goes to trial, an experienced personal injury attorney will know how to present your case to jurors to increase your chances of a favorable jury verdict.
Attorney Bert Parnall is a fighter. He and his legal team will fight for your legal rights if you have been injured in an accident due to the negligence of someone else in Albuquerque or anywhere in Central New Mexico.
An experienced personal injury lawyer brings a knowledgeable perspective to the process of negotiating with insurers and settling an injury claim. Based on years of experience handling similar claims, an attorney will have a sense of the fair value of your injury claim. Most accident victims are uncertain what their claim is worth. An attorney will analyze the facts of your case and provide guidance about whether an insurer’s settlement offer is reasonable based on the specifics of your case. If you have never dealt with a claim before, it may be difficult for you to know whether an offer is fair on your own.
The insurance company will have lawyers advising its staff during the settlement process. Having an attorney on your side and looking out for your interests evens the playing field. Insurance companies want to avoid going to court. The insurance company may agree to a higher settlement in order to avoid litigation if you have a lawyer advocating for you. If you do not have legal representation, you will be at a disadvantage in dealing with the insurance company.
You want a lawyer that has years of experience handling cases similar to your case and has a record of verdicts and settlements. Ask the lawyer what percentage of his or her practice involves the practice area that applies to your case. You want an established lawyer who knows the local court system and has the resources and determination to pursue your case to completion.
You want a lawyer with whom you feel comfortable communicating and sharing information. You want a lawyer who will listen to your questions and concerns and offer informative answers. You want a lawyer who will be accessible when you have questions and keep you informed of the status of your case.
You want a lawyer that has good references.
Steer clear of any attorney who promises or guarantees you a settlement or a certain outcome. No lawyer can ethically guarantee a certain result in a case.
To find an attorney, you may ask your friends, relatives or co-workers to recommend a lawyer who they have used. You can also schedule a free, no-obligation consultation with an attorney at Parnall Law to get an understanding of your legal options. The consultation will help you clarify your legal options at no charge whether you decide to work with our law firm.
The most common reason to hire a personal injury lawyer is to provide representation after a car crash caused by someone else that resulted in serious injuries. The law allows people who are harmed by others’ negligence to seek compensation. That is an adversarial process. It is helpful to have an experienced injury attorney standing up for you when dealing with an insurance company representing the at-fault party. The insurance company may dismiss or delay your claim if you do not have a personal injury lawyer representing you.
Other reasons to hire a personal injury lawyer include pursuing compensation for injuries caused by unsafe conditions at someone else’s property or protecting a loved one in a nursing home if you suspect your loved one is being subjected to neglect or abuse.
In many instances, people who need legal guidance may have questions about a troubling situation and need a personal injury attorney to investigate the matter and find answers.
Bert Parnall and the team at Parnall Law are available to answer your questions and discuss your legal needs during a free and confidential consultation. The attorneys at Parnall Law have helped thousands of accident victims obtain proper compensation and move forward with their lives.
2155 Louisiana Blvd NE, #8000
Albuquerque, NM 87110
Phone: (505) 268-6500
Fax: (505) 268-8708
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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Parnall Law Firm, LLC
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2155 Louisiana Blvd NE #8000
Albuquerque, NM 87110
Parnall Law Firm, LLC
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Santa Fe, NM 87505
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Rio Rancho, NM 87124
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