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Modified on
Jul 28, 2025
The courts offer people multiple ways to pursue justice after the death of a loved one. Under New Mexico state law, when an individual or business causes the death of a person through negligence, default or misconduct, surviving family members can sometimes bring a lawsuit against the responsible party.
A wrongful death lawsuit not only compensates those grieving an unnecessary family tragedy but also creates consequences for those whose actions negatively affect the lives of others. If you believe that your loved ones death meets the state definition of wrongful death, you could potentially file a lawsuit to ask for compensation and justice.
However, you will need to meet the burden of proof for a civil claim to succeed in court.
What is the standard of evidence for a civil claim?
In a criminal case, a prosecutor needs to present evidence that convinces a jury or a judge of the guilt of the defendant beyond a reasonable doubt. It is a high standard of proof that only requires that a defendant provide a viable alternative explanation for the situation to avoid conviction. Police officers and prosecutors spend months developing such claims.
