What damages can I sue for after losing a family member to a fatal accident in Albuquerque, NM
Asked in Albuquerque, NM Last answered on October 9, 2026We had 2 vehicles, a motorcycle, and motorhome insured. We had a hit and run while we were on our motorcycle and my husband died at the scene and I was hospitalized for 3 weeks with many injuries; including a brain injury that has not gone away almost a year later.
1 answer
I'm sorry to hear about your situation. I can provide some general information about some allowed damages in New Mexico.
For the death of your husband, you would be pursuing a claim under New Mexico's Wrongful Death Act. Generally, under the Act, you can pursue compensatory and punitive damages. Compensatory damages are meant to compensate for any medical care, funeral expenses, lost income and earning potential, loss of financial support, and mental anguish. Punitive damages can be awarded against the defendant to punish their actions and deter similar future actions. Punitive damages are only available if you can prove the defendant's actions were malicious, grossly negligent, or reckless, such as driving while intoxicated, reckless driving, or extreme speeding/street racing. You may also have a loss of consortium claim where you can recover damages related to the loss of your relationship, companionship, sexual relationship, and household services.
General information only, not legal advice. No attorney-client relationship is formed. I’m licensed in New Mexico and the above applies New Mexico law; the law in your state may differ. Talk to a local attorney about your specific facts, and act promptly because deadlines may apply.
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