Albuquerque & Santa Fe · Criminal Defense, DWI & Injury En Español (505) 247-1973

Updated July 2026

The Short Version

No lawsuit can bring back the person you lost. What a wrongful death case can do is hold the responsible party accountable and provide for the family left behind. Mr. Nieto handles these cases with the care they deserve, and you pay no fee unless he wins. When you are ready, call (505) 247-1973 for a private, no-pressure conversation.

Losing someone you love because of another person's carelessness is a special kind of pain. On top of the grief come the practical worries: lost income, funeral costs, and a future that suddenly looks different. A wrongful death claim will not undo any of that, but it can ease the financial weight and force the responsible party to answer for what they did. Mr. Nieto has handled these cases, including deaths caused by police, and he treats every family with honesty and respect.

What Is a Wrongful Death Claim

A wrongful death claim is a civil case brought when someone dies because of another party's negligence or wrongful act. It is separate from any criminal case. Even if no one is charged with a crime, or a criminal case ends in an acquittal, the family can still pursue a civil claim, which uses a different standard of proof.

These cases arise from many situations: fatal car and truck crashes, deaths caused by a drunk driver, and deaths from a bar overserving that driver under Dram Shop liquor liability. Mr. Nieto has also handled the hardest of these cases, deaths caused by a police shooting and by other police misconduct.

Who Can Bring the Case

New Mexico has its own wrongful death law, and it works differently from many states. The case is generally brought by a personal representative on behalf of those the law says can recover, which often includes the spouse, children, and certain other family members. The rules about who is entitled to recover, and how any recovery is shared, can be complicated. Mr. Nieto walks families through exactly how it works for their situation, in plain language, so there are no surprises.

Talk to Mr. Nieto. The first call is free, and he answers it himself.

Call (505) 247-1973

What a Case Can Recover

Depending on the case, a wrongful death claim can recover for the value of the life lost, the loss of the support and companionship the person provided, medical bills from the final injury, funeral and burial costs, and, in cases of especially bad conduct, punitive damages meant to punish and deter. Mr. Nieto will never treat your loss as a number to chase. He will give you an honest, respectful assessment of what New Mexico law allows in your case.

Handling It With Care

Grieving families do not need a lawyer who adds pressure. They need one who will carry the legal weight so they can focus on each other. Because this is a solo firm, Mr. Nieto handles the case himself. He answers your calls, explains each step, and never hands your family off to a stranger. He also understands the emotional side of these cases, having built his career on standing with people during the worst moments of their lives.

There Is Time, but Not Forever

New Mexico sets a deadline to file a wrongful death lawsuit, and it can be shorter when a government entity is involved. Evidence also fades with time. There is no rush to decide anything today, but a short, free phone call lets Mr. Nieto protect the family's rights and preserve the proof while it exists. Whenever you are ready, he is here to talk.

Related Pages

Why Mr. Nieto

The Lawyer Who Has Actually Been There

Art Nieto has personally tried cases from DWI to first-degree murder in nearly every judicial district in New Mexico. He started as a public defender, never a prosecutor, has been licensed to practice law in New Mexico since 2000, and has run his own firm since 2003. When you call, you work with Art himself.

25+Years in New Mexico courtrooms
~100Jury & bench trials
1Lawyer on your case, start to finish
2Offices: Albuquerque & Santa Fe

Common Questions

What is a wrongful death claim in New Mexico?

It is a civil case brought when a person dies because of another party's negligence or wrongful act. It is separate from any criminal case and uses a different standard of proof, so a family can bring a civil claim even when no one is charged with a crime or a criminal case ends in an acquittal.

Who can file a wrongful death case in New Mexico?

New Mexico law generally has the case brought by a personal representative on behalf of those entitled to recover, which often includes the spouse, children, and certain other family members. The rules about who recovers and how any recovery is shared can be complex, and Mr. Nieto explains them in plain language.

Can we sue if the person responsible was not criminally charged?

Yes. A wrongful death claim is a civil case that is separate from the criminal system. Families often recover in a civil case even when prosecutors decline to file charges or a criminal case does not result in a conviction, because the civil standard of proof is different.

How much does a wrongful death lawyer cost?

Nothing up front. Mr. Nieto handles wrongful death cases on a contingency fee, so the family pays no attorney fee unless he wins. His fee is a percentage of the recovery, agreed in writing beforehand, and the first conversation is free and private.

How long do we have to file a wrongful death claim?

New Mexico sets a deadline to file, and it can be shorter when a government entity is involved. Evidence also fades over time. There is no pressure to decide today, but a free call lets Mr. Nieto protect the family's deadline and preserve the proof while it still exists.

Tell Mr. Nieto What Happened

The consultation is free, and Mr. Nieto answers your questions himself. No pressure, no obligation — just a straight read on where you stand.