New Mexico § 41-2-3 - Personal representative to bring action; damages; distribution of proceeds

§ 41-2-3. Personal representative to bring action; damages; distribution of proceeds

Every action mentioned in Section 41-2-1 NMSA 1978 shall be brought by and in the name of the personal representative of the deceased

person, and the jury in every such action may give such damages, compensatory and

exemplary, as they deem fair and just, taking into consideration the pecuniary injury

resulting from the death to the surviving party entitled to the judgment, or any interest

in the judgment, recovered in such action and also having regard to the mitigating

or aggravating circumstances attending the wrongful act, neglect or default. The proceeds of any judgment obtained in any such action shall not be liable for

any debt of the deceased; provided the decedent has left a spouse, child, father,

mother, brother, sister or child or children of the deceased child, as defined in

the New Mexico Probate Code, but shall be distributed as follows: A. if there is a surviving spouse and no child, then to the spouse; B. if there is a surviving spouse and a child or grandchild, then one-half to the

surviving spouse and the remaining one-half to the children and grandchildren, the

grandchildren taking by right of representation; C. if there is no husband or wife, but a child or grandchild, then to such child and

grandchild by right of representation; D. if the deceased is a minor, childless and unmarried, then to the father and mother

who shall have an equal interest in the judgment, or if either of them is dead, then

to the survivor; E. if there is no father, mother, husband, wife, child or grandchild, then to a surviving

brother or sister if there are any; and F. if there is no kindred as named in Subsections A through E of this section, then

the proceeds of the judgment shall be disposed of in the manner authorized by law

for the disposition of the personal property of deceased persons.