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Albuquerque Wrongful Death Lawyer | The Longhorn Law Firm
Albuquerque · Bernalillo County · New Mexico

Albuquerque wrongful death lawyer.

When negligence takes a member of your family, New Mexico's laws are more victim-friendly than Texas's — but the 90-day Tort Claims Act notice can end a case fast. We handle these cases with the care families deserve and the speed they require.

Licensed in TX & NM
MILLIONS+ Recovered
No Fee Unless We Win
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If your family lost someone in Albuquerque because of another person's or company's negligence, you may have a wrongful death claim under New Mexico law. NM's framework differs from Texas's in important ways — a personal representative brings the claim, the statute of limitations is longer, and pure comparative fault means a case can survive even substantial fault findings against the decedent.

See our overview of wrongful death cases →

Albuquerque context.

Major Roadways

the Big I (I-25/I-40 interchange), I-25 north-south, I-40 east-west, and Paseo del Norte.

Local Courts

the Second Judicial District Court (400 Lomas Blvd NW) and the U.S. District Court for the District of New Mexico.

Trauma Care

University of New Mexico Hospital (the only Level I trauma center in the state), Presbyterian Hospital, and Lovelace Medical Center.

Why It Matters Here

Albuquerque sits at the crossroads of two interstates at the Big I — one of the busiest and most accident-prone interchanges in the state. NM's pure comparative fault rule and three-year statute of limitations favor victims compared to Texas.

New Mexico Law
NM rules favor injury victims.

New Mexico applies pure comparative fault — you can recover even at 99% fault, with damages reduced by your share. The state also has a three-year statute of limitations (vs. Texas's two), allows uninsured motorist (UM) "stacking" in many situations, and applies no general damages cap on standard injury claims. See our TX vs NM guide →

Who can bring a New Mexico wrongful death claim?

New Mexico wrongful death claims (NMSA §41-2-1 to §41-2-4) are brought by a personal representative of the decedent's estate on behalf of statutory beneficiaries. Beneficiaries follow intestate-succession rules and can include the surviving spouse, children, parents, and (in their absence) siblings. The personal representative is appointed by the probate court and is often a close family member — sometimes the same person who would inherit.

What damages can be recovered?

  • Loss of financial support the decedent would have provided
  • Loss of household services — childcare, home maintenance, day-to-day work
  • Loss of companionship, comfort, and society
  • Mental anguish of the surviving family
  • Loss of inheritance
  • Funeral and burial expenses
  • Survival claim damages — the decedent's pre-death medical bills and pain and suffering
  • In cases of gross negligence (e.g., drunk driving): punitive damages

The evidence that builds the case.

  • The official crash or incident report and any criminal investigation files
  • 911 audio, dispatch records, and first-responder statements
  • Medical records, autopsy reports, and toxicology
  • Surveillance video and dashcam footage — preserved quickly
  • For truck cases: ECM data, ELD logs, driver qualification file
  • For premises cases: prior incident reports, maintenance records, security footage
  • Economic and life-care experts for damages calculations

NM deadlines.

Three years from the date of injury for most personal injury claims (NMSA §37-1-8). Cases against government entities require notice within 90 days under the New Mexico Tort Claims Act — a deadline many victims miss. Get a free case review →

How we work with families.

Wrongful death cases require something different from other personal injury work. The legal questions matter, but so does the way the family is treated through the process. We keep clients informed, we don't push for premature settlement, and we never charge a family a dime unless we recover. Our founder Shawn Barnett has lived through serious injury himself — the recovery, the long road back — and that perspective informs how we treat families who've lost someone they love.

Albuquerque wrongful death questions.

How is NM wrongful death different from Texas?+
In NM, a personal representative of the estate brings the claim on behalf of statutory beneficiaries (spouse, children, parents, then siblings). In Texas, eligible family members (spouse, children, parents) file directly. NM's three-year statute and pure comparative fault are more favorable. See full comparison →
What if a state or city vehicle was involved?+
Cases under the NM Tort Claims Act require written notice within 90 days. Damage caps may apply. This is one of the most common ways NM wrongful death cases get lost. Call us immediately →
Can I recover even if I was partly at fault?+
In New Mexico, yes — even at 99% fault. NM uses pure comparative fault, with damages reduced by your share. This is dramatically more victim-friendly than Texas's 51% bar. More on comparative fault →
What if the insurance company already called me?+
Don't give a recorded statement, accept an offer, or sign anything. Read our guide on insurance company tactics, then call us — talking to us is free.
What if a government vehicle or employee was involved?+
You have only 90 days to file written notice under the New Mexico Tort Claims Act (NMSA §41-4-16). This is much shorter than the regular three-year statute and is one of the most common ways NM cases get lost. Contact us immediately →

Lost a loved one in Albuquerque? Llámenos.

Free, confidential consultation in English or Spanish. No fee unless we recover.