Funeral Costs in a New Mexico Wrongful Death Claim

Funeral and burial costs can be part of a New Mexico wrongful death claim. Families often seek these costs as part of the loss caused by a death, subject to proof and the facts of the case. If you are paying for a funeral after a fatal crash, this page explains what the law says and which records to keep now. Many families face these bills while grieving. Knowing which papers matter early can save stress later.

Short answer: can funeral and burial costs be part of a New Mexico claim?

Yes, funeral and burial expenses are commonly part of what a family may seek in a New Mexico wrongful death claim.

“Recoverable” means a cost can be included in the claim. It does not mean a set amount will be paid. A reviewer will check each charge against its invoice and proof of payment.

This question often comes up while bills are still arriving. A claim can take time to resolve, so the first job is keeping every document. Good records help whether or not the case settles quickly.

What New Mexico’s wrongful death law says about funeral and burial expenses

Funeral bills are usually shown as part of the financial loss the family can prove.

Under NMSA § 41-2-1, whenever the death of a person is caused by the wrongful act, neglect or default of another, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured. This applies even though the injured person died.

Under NMSA 1978, § 41-2-3, the action is brought by the personal representative of the deceased. The jury may award damages it deems fair and just. It considers the pecuniary injury to the surviving party entitled to the judgment, and the circumstances of the wrongful act.

Two points matter for funeral bills. First, if the deceased left a spouse, child, parent, brother, sister or grandchild, the judgment is not liable for the deceased’s debts. Second, the money goes to beneficiaries in the order the statute sets, starting with a surviving spouse and children.

New Mexico’s wrongful death jury instruction is found in UJI 13-1830 NMRA. It separates wrongful death damages from loss of consortium damages.

Which funeral and burial costs families commonly document

Families usually document each funeral and burial cost as its own line, with its own invoice. Common items include:

• Reasonable funeral home services, including professional services, facility use and staff time for arrangements, can be claimed as funeral and burial expenses, if proved by the evidence.
• Casket, urn or cremation charges.
• Burial costs, including grave opening and closing and cemetery fees.
• Transportation of the deceased from the scene or hospital to the funeral home.
• Burial plot, vault, headstone or memorial marker, with the purchase contract.
• Copies of the death certificate ordered for the claim, and the funeral home’s itemized statement.

A reviewer will ask whether each charge was actually bought and whether it was reasonable. A single total on a card statement gives less support than an itemized invoice.

Receipts and records that support the claim

Keep every invoice, contract and receipt. Keep proof of who paid each one.

• Itemized invoices and contracts from the funeral home, cemetery and other vendors, not just final totals.
• Proof of payment, such as card or bank statements, cancelled checks or payment confirmations.
• The death certificate and any medical examiner or law enforcement documents that identify the crash and the death.
• Dates and terms of any deposit, payment plan or refund.
• Scanned copies stored in a second place, with originals kept in a safe folder.

A common mistake is paying with a family member’s card or in cash, with no record of who paid. Another is throwing away paperwork after the service. Ask the funeral home for a full itemized statement before you leave. Keep it even when the balance shows zero.

Other damages that often appear alongside funeral costs

Unpaid medical bills and lost financial support often appear next to funeral costs. Each one needs its own proof.

Medical and hospital bills from the crash that were still unpaid at death may be part of the claim, subject to proof. Lost financial support depends on the deceased person’s income and relationship to the family.

Loss of companionship is a separate category. In Thompson v. City of Albuquerque, the New Mexico Supreme Court said loss of consortium damages belong to the close family member who suffered the loss, not to the injured person or the estate.

Shared fault also matters. In Scott v. Rizzo, New Mexico adopted pure comparative negligence. Any award can still be reduced by that person’s share of fault.

How a criminal case or a settlement can affect the timing of the claim

Start with the deadline. Under NMSA 1978 § 41-2-2, a New Mexico wrongful death lawsuit must be filed within three years, counted from the date of death (NMSA 1978, § 41-2-2 — three years from the date of death).

A criminal investigation or charges from the crash can run on a separate track from the civil claim. Families should confirm how each matter is moving rather than assume one decides the other.

Some families reach a settlement. Others move toward trial. Either way, the funeral receipts and death records are needed. Gather them early.

If a government vehicle, road agency or public employee may be involved, different filing and notice rules can apply. Those rules can be shorter than the general deadline, so act early.

How El Gringo Law handles funeral costs, and your next step

El Gringo Law does not pay funeral or living expenses for clients. This page is information about the claim, not financial help.

El Gringo Law is a New Mexico personal injury firm that handles wrongful death and car accident claims. Josh Wood is the responsible lawyer for this page. You can reach the firm at elgringolaw.com or through the contact page.

The first consultation is free, confidential and carries no obligation to continue.

Frequently asked questions