You may file a wrongful death lawsuit if you are the personal representative of the decedent's estate. Often, the personal representative is a surviving spouse or sibling. If no personal representative has been named or there is no estate plan, the court has the authority to appoint a personal representative.
The damages to be recovered in a wrongful death suit are for the benefit of the decedent's survivors. When there are no children but there is a surviving spouse, the spouse recovers everything. When there are children and a surviving spouse, half of the damages go to the spouse and other half is divided among the surviving children. When there are children or grandchildren but no surviving spouse, the damages will be divided among them according to the laws of right of representation in New Mexico.
Under section 41-2-2 of the New Mexico Statutes, you have three years from the date of the death to file a wrongful death lawsuit. If you wait longer than that, you will be barred from bringing suit, except in certain limited circumstances.