Wrongful Death Act

Wrongful Death Act is the section of New Mexico's statutes that governs the procedures one must follow when filing a claim for wrongful death. In New Mexico, a personal representative is the only one with the authority to file a wrongful death claim on behalf of the estate of a deceased person. However, the distribution of any proceeds from the wrongful death claim is not governed by the probate code, but by the terms of the Wrongful Death Act. See Section 41-2-3.