IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF NEW MEXICO
[PLAINTIFF’S NAME], as Personal Representative of the Estate of [DECEDENT’S FULL NAME], Deceased,
on behalf of the statutory beneficiaries identified herein,
Plaintiff,
v.
[DEFENDANT 1 LEGAL NAME], and
[DEFENDANT 2 LEGAL NAME] (if any),
Defendant(s).
Case No. ___
Civil Action—Complaint for Wrongful Death, Survival Damages, and Related Relief
[// GUIDANCE: Insert the court-assigned case number upon filing. Use one caption page per N.M. Rule 1-010(C).]
TABLE OF CONTENTS
- Preliminary Statements
- Jurisdiction and Venue
- Parties
- Factual Allegations
- Causes of Action
* Count I – Wrongful Death (NMSA 1978, §§ 41-2-1 to -4)
* Count II – Survival Action
* Count III – Loss of Consortium (optional) - Damages
- Reservation of Rights & Injunctive Relief (Limited)
- Prayer for Relief
- Jury Demand
- Certification and Verification
- Signature Block
1. PRELIMINARY STATEMENTS
1.1 Plaintiff [PLAINTIFF’S NAME] brings this action as the duly-appointed Personal Representative of the Estate of [DECEDENT’S FULL NAME] (“Decedent”) pursuant to the New Mexico Wrongful Death Act, NMSA 1978, §§ 41-2-1 to -4 (the “Act”), and applicable survival statutes.
1.2 This Complaint seeks all remedies authorized by New Mexico law on behalf of the statutory beneficiaries, including but not limited to [LIST—e.g., surviving spouse, minor children, parents], and on behalf of the Estate for damages that accrued prior to death.
1.3 All conditions precedent to filing this action have been performed, waived, or otherwise satisfied.
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction under the Act because the death giving rise to this suit occurred in the State of New Mexico.
2.2 Venue is proper in this District under N.M. Stat. § 38-3-1(A) (general venue statute) because [specify: the cause of action arose / Defendant resides or does business / accident occurred] in [COUNTY] County, New Mexico.
2.3 Defendants are subject to personal jurisdiction in New Mexico because they [reside / are organized / regularly conduct business] here and because the acts and omissions complained of occurred within the state.
3. PARTIES
3.1 Plaintiff [PLAINTIFF’S NAME], an adult individual, was appointed Personal Representative in [PROBATE CASE NO.] by the [COUNTY] County Probate Court on [DATE] and is authorized to prosecute this action for the exclusive benefit of the statutory beneficiaries identified by § 41-2-3 of the Act.
3.2 Defendant [DEFENDANT 1 LEGAL NAME] is a [corporation/LLC/individual/etc.] with its principal place of business at [ADDRESS] and may be served with process through [registered agent / address].
3.3 Defendant [DEFENDANT 2 LEGAL NAME] (if any) is a [description] and may be served at [ADDRESS].
[// GUIDANCE: Add additional defendants as needed. Confirm registered agent details via NM Secretary of State.]
4. FACTUAL ALLEGATIONS
4.1 On [DATE], at approximately [TIME], Decedent was [describe activity/incident] at [LOCATION].
4.2 Defendant(s) negligently, carelessly, and unlawfully [describe specific acts/omissions—e.g., failed to maintain safe premises, violated traffic laws, produced defective product].
4.3 As a direct and proximate result of these acts and omissions, Decedent sustained catastrophic injuries leading to death on [DATE OF DEATH].
4.4 Decedent endured conscious pain and suffering, incurred medical expenses, and lost income between the time of injury and death.
4.5 The statutory beneficiaries have suffered and will continue to suffer pecuniary loss, loss of companionship, guidance, and consortium as a result of Decedent’s death.
5. CAUSES OF ACTION
Count I – Wrongful Death (NMSA 1978, §§ 41-2-1 to -4)
5.1 Plaintiff realleges §§ 4.1–4.5.
5.2 Defendants owed Decedent and the public a duty of reasonable care [or statutory duty—specify].
5.3 Defendants breached that duty as set forth above.
5.4 The breach was the actual and proximate cause of Decedent’s death.
5.5 Under the Act, Defendants are liable for all damages recoverable thereunder.
Count II – Survival Action
5.6 Plaintiff realleges §§ 4.1–4.5.
5.7 Any causes of action that accrued to Decedent prior to death survive and vest in the Estate.
5.8 Defendants are liable for pain and suffering, medical expenses, lost earnings, and other losses sustained by Decedent before death.
Count III – Loss of Consortium (Optional—Use only if Beneficiary Class Includes Qualified Claimants)
5.9 Plaintiff realleges §§ 4.1–4.5.
5.10 Statutory beneficiaries [NAME(S)] had a legally protected relationship with Decedent.
5.11 Defendants’ conduct destroyed or impaired that relationship, causing compensable damages.
[// GUIDANCE: New Mexico recognizes consortium claims for certain family members. Evaluate standing before pleading.]
6. DAMAGES
Plaintiff seeks all categories of compensatory and, where allowed, exemplary damages, including:
a. Funeral and burial expenses.
b. Medical expenses incident to the fatal injury.
c. Decedent’s conscious pain and suffering.
d. Loss of Decedent’s earnings and earning capacity.
e. Loss of household services.
f. Pecuniary injury to beneficiaries (support, guidance, advice, counsel, companionship).
g. Loss of consortium (if pled).
h. Pre-judgment and post-judgment interest as permitted by law.
i. Costs of suit and such other relief as the Court deems just.
[// GUIDANCE: Insert any statutory or contractual damage caps, e.g., Medical Malpractice Act cap at $600,000, if applicable. Use “[CAP]” placeholder where amount unknown.]
7. RESERVATION OF RIGHTS & INJUNCTIVE RELIEF (Limited)
7.1 Plaintiff reserves the right to amend this Complaint to conform to evidence.
7.2 Plaintiff seeks limited injunctive relief, including orders preserving physical evidence and electronically stored information (ESI) relevant to liability and damages.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, awarding:
- All compensatory and statutory damages proven at trial;
- Punitive damages as warranted by the evidence and New Mexico law;
- Pre- and post-judgment interest;
- Costs of litigation and such other relief as the Court deems just and proper.
9. JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable as a matter of right.
10. CERTIFICATION AND VERIFICATION
Pursuant to N.M. R. Civ. P. 1-011, the undersigned certifies that, to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for its extension, modification, or reversal.
text
VERIFICATION
I, [PLAINTIFF’S NAME], being duly sworn, state that I am the Personal Representative of the Estate of [DECEDENT’S FULL NAME]; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge and belief.
[PLAINTIFF’S NAME]
Date: _____
SUBSCRIBED AND SWORN before me this ___ day of ____, 20__, by [PLAINTIFF’S NAME].
Notary Public
My Commission Expires: _____
[// GUIDANCE: New Mexico practice does not require a verified complaint, but verification strengthens evidentiary value for certain pre-judgment remedies.]
11. SIGNATURE BLOCK
text
Respectfully submitted,
[LAW FIRM NAME]
By: ______
[ATTORNEY NAME], Esq.
New Mexico Bar No. ____
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
[// GUIDANCE: 1. Serve each Defendant under N.M. R. Civ. P. 1-004.
2. File civil cover sheet and any local forms mandated by the district.
3. Calendar statutory limitation periods; wrongful-death limitations in NM generally run three (3) years from date of death.
4. Evaluate comparative-fault allocations and add all potentially responsible parties to avoid empty-chair defenses.
5. Preserve and request ESI early; consider a litigation-hold letter.]
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