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  • Facts on New Mexico’s Wrongful Death Law After Fatal NM Charter Bus Crash in Pueblo

    by Mark Caruso | 2019-06-28 | Bus Accident , Wrongful Death , Wrongful Death Attorney

  • Earlier this week a fatal NM charter bus crash in Pueblo, Colorado, killed two people and injured many others. Albuquerque, New Mexico resident Jason Marshall, 53, was one of the victims wrongfully killed in the bus crash on I-25 in Colorado. Our Albuquerque bus accident lawyer explains New Mexico wrongful death laws.

    Wrongful Death in New Mexico: Examples from the Pueblo Bus Crash

    The fatal NM charter bus crash in Pueblo is a tragic event that should not have occurred. Victims of this crash were seriously injured and wrongfully killed due to the conduct of the bus driver and bus company. In instances like this, New Mexico’s wrongful death laws may help families recover compensation for their loss. Nothing can bring back a victim who was wrongfully killed due to a bus driver or bus company’s negligence, but wrongful death statutes can help protect the rights of families like the Marshall family.

    Here at the section 41-2-1 provides that any party or entity could be liable for the wrongful death of another person. This means the bus driver and/or the bus company could be liable for any wrongful death, such as the wrongful death of Jason Marshall.

    2) Who Could File a New Mexico Wrongful Death Action after a Fatal Bus Accident? Under New Mexico law, section 41-2-3 provides that a personal representative can file a NM wrongful death case. A personal representative is usually a surviving spouse or parent, but can also be an adult child or other family member. A court may be petitioned to appoint a representative, or in some instances a person’s may appoint a personal representative in his or her Last Will. Only one action needs to be filed to protect the rights of all dependents and people who may be entitled to compensation for a wrongful death.

    3) How Long Do You Have to File a New Mexico Wrongful Death Action? Under New Mexico law, section 41-2-2 requires that a wrongful death action be filed within three years after the date of death. This is known as a statute of limitations period, and any action that is commenced after the statute of limitations period may be automatically dismissed.

    Still Have Questions About the Fatal NM Charter Bus Accident in Pueblo? Ask Us

    If you or a loved one have been seriously injured or if a loved one was wrongfully killed in any type of auto accident, especially a trucking accident or bus accident like the fatal NM charter bus accident in Pueblo, Colorado, please call our experienced Albuquerque, New Mexico bus accident lawyer at the Mark Caruso by dialing (505) 883-5000 to learn how we can help protect your rights to compensation.

    We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Mark Caruso by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.