This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Wrongful Death Damages in New Mexico

In New Mexico, wrongful death damages are governed by N.M. Stat. Ann. § 41-2-1, which caps noneconomic damages at $1,308 for claims against a public entity or public employee. This statute sets out the recoverable losses for a decedent’s survivors, including medical and funeral expenses, lost income, and pain and suffering. The $1,308 figure applies only to the noneconomic portion of damages in cases involving public defendants; private defendants are not subject to that cap. The law provides exceptions and further details on how total damages are calculated. The worked example below demonstrates the application of this cap in a typical scenario. To estimate your own potential recovery, use the DocketMath calculator with your specific case facts.

Governing authority

In New Mexico, the wrongful death damages rule is set by N.M. Stat. Ann. § 41-2-1. The verified packet cites N.M. Stat. Ann. § 41-2-1 (https://nmonesource.com/nmos/nmsa/en/item/4408/index.do).

New Mexico wrongful death damages: the verified value is $1,308 under N.M. Stat. Ann. § 41-2-1. The verified packet cites N.M. Stat. Ann. § 41-2-1 (https://nmonesource.com/nmos/nmsa/en/item/4408/index.do).

Estimate your own result: every situation has exceptions that can change the outcome. Use the wrongful death damages calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.