In New Mexico, a wrongful death lawsuit can only be filed by someone who is appointed the “personal representative” of the deceased person. The personal representative can be a relative of the deceased, a lawyer, or a guardian appointed by the court.
If the wrongful death case is settled or secures a favorable outcome, the compensation is distributed as follows:
The surviving spouse receives the total amount if there are no children;
If there is a surviving spouse and at least one child or grandchild, half of the compensation will go to the spouse and the other half to the children or grandchildren;
If there are surviving children or grandchildren, but no surviving spouse, the compensation is divided between the children or grandchildren according to New Mexico’s “right of representation” laws.
If there is no surviving spouse or children, or the deceased is a child under the age of 18, the deceased’s parents receive the awarded compensation. If there are no surviving parents, the compensation will go to the deceased person’s siblings.