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Filing for wrongful death due to public conveyance

On Behalf of | Nov 4, 2022 | Wrongful Death

A wrongful death claim is filed to benefit the surviving members of a deceased person’s family. The judgment covers the costs of funeral and burial expenses, medical bills and living expenses. In New Mexico, a specific law defines a wrongful death that occurs on a railroad or other public conveyance and determines how compensation is received.

Legal requirements

If a wrongful death occurs on a train, stagecoach or other public conveyance, the victim’s family has the right to file a lawsuit. A personal injury law allows the family members to punish the intentional or unintentional negligence of an operator or employee who mismanages a vehicle. The judge and jury determine the amount of compensation that is fair for the plaintiff.

Legal restrictions

The statute of limitations for a wrongful death is three years in New Mexico. The victim’s surviving spouse, children or close relatives, such as a parent or sibling, are permitted to sue the guilty party and recover damages.

A personal representative is allowed to file a suit if no family member comes forward within nine months of the death. The deceased person may have named the personal representative in an estate plan or the court will appoint one on his or her behalf.

New Mexico’s tort law describes the requirements for filing a lawsuit for wrongful death on a railroad, stagecoach or public conveyance. A close family member is permitted to sue an owner, employee or other public transportation workers for negligence. If not, a personal representative is assigned by the family or the court. There are deadlines to file a claim and obtain compensation.


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