If you can establish the defendant’s liability in court, then you will likely receive damages. The types of damages available will depend on your relationship with the deceased. In New Mexico, damages for wrongful death cases typically include the following:
- Burial and funeral expenses;
- the deceased’s medical bills for his or her final injury or illness;
- loss of companionship;
- mental anguish from losing a child, parent or spouse;
- loss of income;
- loss of future income;
- loss of inheritance;
- and pain and suffering.
In some wrongful death cases, the plaintiff can claim punitive damages. These damages aim to punish the defendant for particularly egregious behavior, such as gross negligence, recklessness or intentional harm.