Is Wrongful Death a Criminal Charge? NM Families’ Guide

If someone you love died in a crash or another sudden incident, you may be hearing about police reports, charges, and lawsuits all at once. It’s hard to sort them out.

Is a wrongful death claim a criminal charge? No. Wrongful death is a civil claim. The family, through the estate’s personal representative, asks a court for money to make up for the loss. Criminal charges come from the state, through a prosecutor.

The short answer: wrongful death is a civil claim, not a criminal charge

Wrongful death is a civil action, and a criminal charge is a separate matter. A civil case is a lawsuit between private parties. The family seeks compensation for the people who lost someone.

A criminal case works differently. A prosecutor brings it for the state, and its goals are punishment and public safety.

The same event can lead to both. A driver might face criminal charges while the family files a civil claim. The two cases have different parties and different goals. Neither one decides the other on its own.

What is wrongful death?

Wrongful death is a death caused by another person’s wrongful act, neglect, or default. New Mexico’s Wrongful Death Act, NMSA 1978, §§ 41-2-1 to 41-2-3 says the person who would have been liable, had the death not happened, can be sued for damages. The statute says that party is liable “notwithstanding the death of the person injured.”

The claim is brought by the personal representative, the person the court appoints to act for the estate.

In New Mexico, these claims often come from fatal car and trucking crashes, dangerous conditions on property, and negligent security at a business or property. It looks at the family’s financial loss and the circumstances of the wrongful act.

How a criminal case and a wrongful death claim can run at the same time

They can run at the same time, but neither one requires the other.

The family doesn’t have to take any action for charges to be filed. Each track has its own purpose.

Traffic law shows how a criminal case can start. Under NMSA 1978, § 66-7-201, the driver of any vehicle involved in an accident resulting in injury to or death of any person must immediately stop at the scene and remain there until the requirements of Section 66-7-203 NMSA 1978 are fulfilled. If the accident results in great bodily harm or death, failing to stop or comply is a fourth degree felony, and knowingly doing so is a third degree felony. A driver involved in an accident resulting in injury to or death of any person must give their name, address and vehicle registration number, show their driver’s license on request, and render reasonable assistance to an injured person, as Section 66-7-203 NMSA 1978 requires.

Criminal negligence and manslaughter: how the terms differ

Manslaughter and criminal negligence are criminal terms the state uses. Civil negligence is the question in a wrongful death claim.

In a civil case, negligence asks whether someone failed to use reasonable care and whether that failure caused the harm. Proximate cause (the legal link between conduct and harm) means the act produced the injury in a natural and continuous sequence. The injury must be a natural and foreseeable result of that conduct, not a consequence too remote for the law to connect to it.

The New Mexico causation jury instruction describes this link as “reasonably connected as a significant link” to the injury.

Why a criminal outcome does not decide the civil claim

A criminal outcome does not automatically decide the civil claim. A dismissal, an acquittal, or a decision not to file charges does not end a family’s civil case on its own.

A criminal conviction does not ensure a civil award. The civil case has its own parties, its own proof, and its own decision-makers. Each case moves on its own track.

Families should not assume a criminal case will stop the civil clock. The civil deadline generally runs from the date of death, whatever happens in the criminal case, but claims against a governmental entity or public employee are governed by the New Mexico Tort Claims Act, which has its own notice and limitation periods.

Deadlines and reasons a wrongful death claim can fail

Under NMSA 1978, § 41-2-2, a wrongful death action must be brought within three years after the cause of action accrues (NMSA 1978, § 41-2-2 — three years from the date of death). The cause of action accrues as of the date of death. Write down that date, because it starts the clock.

Claims can fail for a few common reasons. The deadline can pass before a claim is filed. The family may not be able to prove negligence. The family may also be unable to connect the defendant’s conduct to the death.

Each case turns on its own facts and documents. What a family can prove matters as much as what happened.

If your family is facing this now

A sudden death, a police investigation, and questions about charges can all arrive while a family is grieving. You may be deciding whether to speak with someone about a civil claim while a criminal case is still open. That is a hard decision to make in the middle of a loss.

If you want to talk it through, you can reach El Gringo Law by phone, through our contact page, or by starting a chat. Our initial consultation is free, confidential, and carries no obligation to continue.

Can a family file a wrongful death claim without criminal charges? Yes. A civil claim is a separate lawsuit, and it does not depend on whether the state files criminal charges.

How long do I have to file? Under New Mexico law, the action generally must be brought within three years after the date of death (NMSA 1978, § 41-2-2 — three years from the date of death), though other rules, such as those for claims against government defendants under the Tort Claims Act, can change that period.

Who files the wrongful death lawsuit? NMSA 1978, § 41-2-2 sets the time limit for these actions; it does not say who brings the claim. The personal representative of the deceased person brings the wrongful death claim under the Wrongful Death Act (NMSA 1978, § 41-2-3).

Written by Josh Wood, responsible lawyer for El Gringo Law, licensed in New Mexico and Arizona. Website: elgringolaw.com.