This agreement is between a potential defendant and the executor or administrator of the estate of decedent. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Mexico Settlement Agreement and Release in Wrongful Death Suit Prior to Filing of Suit
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Multi-State
Control #:
US-01618BG
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Word;
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How to fill out Settlement Agreement And Release In Wrongful Death Suit Prior To Filing Of Suit?
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FAQ
If the deceased person has no spouse or children or is a child under age 18, the child's parents will receive the damages. If there are no surviving parents, damages will go to the deceased person's siblings, whether the deceased is a child or an adult. (N.M. Stat. § 41-2-3 (2021).)
In New Mexico, the statute of limitations for wrongful death claims is three years beginning on the date of the death in question. Filing past this three-year window will likely lead to a judge dismissing the case.
In New Mexico, you have 3 years to file a personal injury claim and 4 years to file a property damage claim. The clock on these time limits starts from the time you sustained your injury or when a reasonable person would have discovered the injury or property damage.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
How Does New Mexico Law Define "Wrongful Death"? Under New Mexico law, a "wrongful death" is a death that is "caused by the wrongful act, neglect, or default of another" that, if the person had lived, would have allowed him or her to file a personal injury lawsuit. (N.M. Stat. § 41-2-1 (2021).)
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?