This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
New Mexico Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
For example, if the spouse no longer enjoys the companionship of the injured husband or wife on evening walks, that's an example of loss of consortium. Loss of consortium is the loss of companionship, comfort, sexual relations or the ability to bear children.
In New Mexico, the personal representative of the deceased person's estate is the only one who can bring a wrongful death claim. The personal representative is usually the executor named in the deceased's will, often the surviving spouse or adult siblings.
However, damages for loss of consortium can range from less than $50,000 to more than $1 million. There is no standard to determine the damages you may recover except for statutory limitations. In a medical malpractice case, for example, there is a cap of $250,000 on non-economic damages.
New Mexico Uniform Jury Instruction 13-1810A on loss of consortium provides for recovery for the Plaintiff's spouse or child for emotional distress associated with the loss of society, guidance, companionship and sexual relations with the injured or deceased person.
CODE ANN. § 4.20. 046 (1994) provides: "All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter."
There is no standardized formula for calculating the loss in a consortium case. Instead, the jury is to award a reasonable amount of compensation. Because of the nature of the harm, spouses in loss of consortium cases will be asked about their marriages prior to the accident.
Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word consortium means "(the right of) association and fellowship between two married people".