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Hedonic damages are a measure of damages recognized by New Mexico personal injury law. They are meant to provide compensation for the pleasure of being alive.
A survival action is the lawsuit that the deceased person would have been able to bring had he or she lived, while a wrongful death action is a claim for compensation for the harms that the family of the deceased has suffered.
In New Mexico, damages that are typically available in a wrongful death claim include: reasonable funeral and burial expenses. medical expenses related to the deceased person's last illness or injury. lost wages and benefits the deceased could have been expected to earn if he or she had lived.
When a member of your family dies because of the carelessness or negligence of another person, you have a right to seek compensation for your losses, including the support they would have provided, any funeral and burial expenses, and, in some states, for loss of companionship or consortium.>
CODE ANN. § 4.20. 046 (1994) provides: "All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter."