Wrongful Death Complaint - New Mexico

COMPLAINT FOR WRONGFUL DEATH AND RELATED RELIEF

[NEW MEXICO STATE COURT TEMPLATE]

CAPTION

STATE OF NEW MEXICO
COUNTY OF [COUNTY]
[____] JUDICIAL DISTRICT COURT

Civil Action—Complaint for Wrongful Death and Related Relief

TABLE OF CONTENTS

1. Preliminary Statements
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Causes of Action
   * Count I – Wrongful Death (NMSA 1978, §§ 41-2-1 to -4)
   * Count II – Independent Surviving Claim (optional; only if legally distinct)
   * Count III – Loss of Consortium (optional; add the qualifying claimant individually)
6. Damages
7. Reservation of Rights & Injunctive Relief (Limited)
8. Prayer for Relief
9. Jury Demand
10. Signature Certification; Verification Only If Required
11. Signature Block

1. PRELIMINARY STATEMENTS

1.1 Plaintiff [PLAINTIFF'S NAME] brings this action as the personal representative separately appointed under Rule 1-017(B) NMRA and the New Mexico Wrongful Death Act, NMSA 1978, §§ 41-2-1 to -4, for [DECEDENT'S FULL NAME] ("Decedent").

1.2 Plaintiff acts as trustee for the persons entitled to distribution under the applicable paragraph of NMSA 1978, § 41-2-3. The selected beneficiary class and shares are [identify the exact statutory paragraph, supporting relationship facts, names, and shares after counsel verification].

1.3 All conditions precedent to filing this action have been performed, waived, or otherwise satisfied. This action is commenced within three years of the date of Decedent's death, as required by NMSA 1978, § 41-2-2.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under N.M. Const. art. VI, § 13 because [FACTS SHOWING THIS MATTER IS WITHIN THE DISTRICT COURT'S ORIGINAL JURISDICTION AND IS NOT CONSTITUTIONALLY EXCEPTED]. The location of the death is pleaded separately and does not itself replace that constitutional classification.

2.2 Venue is proper in this District under NMSA 1978, § 38-3-1 [SELECT SUBSECTION] because [facts satisfying the selected claim- and defendant-specific route] 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 separately appointed as the Wrongful Death Act personal representative by the [____] Judicial District Court in [WDA APPOINTMENT CASE NO.] on [DATE] and is authorized to prosecute this action under NMSA 1978, §§ 41-2-1 and 41-2-3 and Rule 1-017(B) NMRA.

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].

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 Between injury and death, Decedent [describe supported pain and suffering, necessary medical care, lost earnings, and household-service loss], all of which are claimed as applicable wrongful-death damages under UJI 13-1830 NMRA.

4.5 Decedent's death caused loss of the value of Decedent's life apart from earning capacity, loss of guidance and counseling to [minor children, if applicable], and loss of other expected benefits having monetary value to [beneficiaries]. Any separate loss-of-consortium claimant is identified and joined individually in Count III.

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 within the meaning of NMSA 1978, § 41-2-1, which provides that a person or corporation who would have been liable to Decedent had death not ensued remains liable to an action for damages notwithstanding the death.

5.5 Under the Act, Defendants are liable for all damages recoverable thereunder, including the worth of Decedent's life, not merely the pecuniary loss to survivors. See Stang v. Hertz Corp., 1970-NMSC-048, 81 N.M. 348, 467 P.2d 14.

Count II – Independent Surviving Claim (Optional; Delete Unless Independently Supported)

5.6 Plaintiff realleges §§ 4.1–4.5.

5.7 Before the fatal occurrence, Decedent held the following cause of action independent of the injury that caused death: [identify claim, accrual facts, and why it is distinct]. That claim survives under NMSA 1978, § 37-2-1.

5.8 This count does not duplicate medical expenses, pre-death pain and suffering, earnings, household services, or other damages sought under the Wrongful Death Act for the fatal injury.

Count III – Loss of Consortium (Optional—Add and Name the Qualifying Claimant Individually)

5.9 Plaintiff realleges §§ 4.1–4.5.

5.10 Separate Plaintiff [NAME], in [his/her/their] individual capacity, was Decedent's [surviving spouse / qualifying familial caretaker] and had a mutually dependent relationship with Decedent under UJI 13-1810A NMRA, as shown by [specific facts].

5.11 Defendants' conduct damaged that relationship and caused [NAME] a separate loss of [society / guidance / companionship / sexual relations, as applicable]. This individual claim is not automatically held by every statutory beneficiary and is not duplicated in the estate-damages total.

6. DAMAGES

Under New Mexico's Wrongful Death Act, the measure of damages is not limited to the survivors' pecuniary loss; the jury may award "such damages, compensatory and exemplary, as they deem fair and just," and New Mexico case law construes this to include compensation for the worth of Decedent's own life, separate from and in addition to the beneficiaries' pecuniary injury. NMSA 1978, § 41-2-3; Stang v. Hertz Corp., 1970-NMSC-048, 81 N.M. 348, 467 P.2d 14. 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. The worth of Decedent's life, including loss of enjoyment of life and Decedent's life expectancy, apart from Decedent's earning capacity.
e. Loss of Decedent's earnings and earning capacity.
f. Loss of household services.
g. Loss of guidance and counseling to Decedent's minor children and other expected benefits to beneficiaries having monetary value.
h. A qualifying individual claimant's separate loss of consortium (if that claimant is joined and the claim is pled).
i. Exemplary damages, if supported by the facts and current claim-specific standards, based on mitigating or aggravating circumstances attending Defendants' conduct under NMSA 1978, § 41-2-3. Analyze all defendant-, claim-, and date-specific limits separately, including the Tort Claims Act or the current Medical Malpractice Act when applicable.
j. Pre-judgment and post-judgment interest as permitted by law.
k. Costs of suit and such other relief as the Court deems just.

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:

1. All compensatory damages proven at trial, including the worth of Decedent's life and the pecuniary injury to the statutory beneficiaries;
2. Punitive (exemplary) damages as warranted by the evidence and New Mexico law;
3. Pre- and post-judgment interest;
4. 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. SIGNATURE CERTIFICATION; VERIFICATION ONLY IF REQUIRED

Rule 1-011(A) NMRA requires the attorney of record, or an unrepresented party, to sign the pleading and provide the address and telephone number. The signature certifies that the signer has read the pleading, that to the best of the signer's knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay.

Rule 1-011 does not make a separate verification mandatory for every complaint. Before adding one, identify the statute, rule, form, or court order that requires or supports verification for the selected claims. If a written sworn statement is required, Rule 1-011(B) generally permits a dated and signed written affirmation under penalty of perjury under New Mexico law instead of notarization, subject to the rule's stated exception and any controlling specialized requirement.

Verification required by: [CURRENT STATUTE / RULE / FORM / ORDER / NOT REQUIRED]

Counsel's selected compliant verification or affirmation, if required:

[________________________________]

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: __________________________________
[ATTORNEY NAME], Esq.
New Mexico Bar No. ______
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

End of Template