Wrongful death is a legal claim brought when someone dies due to another party’s negligence, recklessness, or intentional act. It allows surviving family members—or a designated representative—to seek justice and financial compensation for their loss.

Under New Mexico Law

New Mexico’s Wrongful Death Act (NMSA § 41-2-1) allows a personal representative of the deceased’s estate to file a civil lawsuit when the death was caused by a wrongful act, neglect, or default. If the deceased could have filed a personal injury claim had they survived, their estate may now pursue that claim on their behalf.

Under Navajo Nation Law

While the Navajo Nation does not have a codified wrongful death statute, its courts recognize wrongful death claims under Navajo case law, Navajo common law, customs, and traditions, as well as tribal sovereignty.  These claims may be brought by any person with a legitimate interest in the loss—not necessarily through probate.

Key points:

• Claims are grounded in Navajo case law, statutory laws, and Navajo customs and traditions

• The “immediate family rule” often guides who may bring a claim and receive compensation