Carlsbad Wrongful Death Lawyer

Helping Grieving Families Pursue Compensation

At Simon Perdue Law, our Carlsbad wrongful death attorneys understand that no amount of money can ever replace the loss of a loved one. However, we also understand that many families face serious financial hardships after the death of a family member, especially if the deceased was the primary source of income. 

That is why we are committed to helping families pursue the justice and fair financial compensation they are owed.

When you work with our firm, you can trust that we will provide you with the personalized, compassionate legal representation you deserve. We will handle every aspect of your case so that you can focus on your grief and your family. Our team will work tirelessly to hold the negligent party accountable and fight for the maximum compensation you are owed.

If you have lost a loved one due to someone else’s negligence, call us today at (505) 588-5962 to schedule a free consultation with our Carlsbad, NM wrongful death lawyers.

Who Can Sue for Wrongful Death in NM?

Wrongful death is a legal term that refers to a death that is caused by someone else’s negligent, reckless, or intentional acts. In New Mexico, a wrongful death claim can be brought by a personal representative of the deceased's estate, who would represent the interests of surviving family members.

Under New Mexico law, only certain individuals are eligible to recover compensation through a wrongful death claim. These individuals include:

• The deceased’s surviving spouse
• The deceased’s surviving children and grandchildren
• The deceased’s surviving parents
• The deceased’s surviving siblings

If you are unsure if you are eligible to file a claim, our wrongful death attorneys at Simon Perdue Law can help you understand your legal rights and options.

Available Damages in a Wrongful Death Case

Although no amount of money can ever make up for the loss of a loved one, a wrongful death claim can help provide the deceased’s surviving family members with the financial compensation they need to cover their losses. In New Mexico, family members who have lost a loved one due to someone else’s negligence are able to recover a variety of economic and non-economic damages in a wrongful death claim.

These damages may include, but are not limited to:

• Funeral and burial expenses
• Past medical expenses for the deceased’s final illness or injury
• Past lost wages and benefits of the deceased
• Loss of inheritance
• Loss of the deceased’s care, companionship, guidance, and counsel
• Loss of the deceased’s services
• Mental anguish and emotional distress

How Do You Prove Wrongful Death?

Wrongful death claims are civil claims, which means that they are separate from any criminal charges that may have been filed against the at-fault party. In a wrongful death claim, the surviving family members of the deceased are able to hold the negligent party financially responsible for their losses. 

However, in order to recover compensation, the surviving family members must prove that the death was caused by the negligent or wrongful acts of the at-fault party.

There are four elements that must be proven in a wrongful death claim:

• The at-fault party owed the deceased a duty of care. A duty of care is a legal obligation to exercise reasonable care to avoid causing harm to others. For example, all drivers owe a duty of care to others on the road to drive safely and follow the rules of the road.
• The at-fault party breached the duty of care. A breach of the duty of care can be any act or failure to act that falls below the standard of care. For example, a driver who is speeding or texting while driving may be considered to have breached the duty of care.
• The breach of the duty of care caused the death of the deceased. This means that the death would not have occurred if the at-fault party had not breached the duty of care. For example, if a driver runs a red light and crashes into another vehicle, causing the death of the other driver, the driver may be held liable for the death.
• The death resulted in damages that can be compensated. The surviving family members must have suffered some type of financial loss as a result of the death in order to recover compensation. For example, the surviving spouse may have lost the deceased’s income, or the children may have lost the deceased’s guidance and counsel.

Proving these elements can be extremely challenging, especially if you are not familiar with the legal process. That is why it is important to work with an experienced wrongful death lawyer in Carlsbad, NM who can help you build a strong case and fight for the fair compensation you are owed.

At Simon Perdue Law, we are experienced in handling all types of wrongful death claims, including those arising from truck accidents and oilfield accidents in New Mexico.

You Have a Limited Amount of Time to File a Claim

In New Mexico, the statute of limitations for wrongful death claims is three years from the date of the death. This means that you have three years to file a claim against the at-fault party. If you do not file a claim within this time frame, you will likely lose your right to recover compensation. 

It is important to consult with an experienced wrongful death lawyer as soon as possible to ensure that your claim is filed within the appropriate time frame.

Why You Shouldn't Wait to Call Simon Perdue Law

Dealing with the loss of a loved one is never easy. Unfortunately, the situation can be even more difficult if the death was caused by someone else’s negligence. 

In addition to coping with your grief and your loss, you may also be facing serious financial hardships, especially if the deceased was the primary source of income. The last thing you need to deal with during this difficult time is a complicated legal battle.

When you work with our firm, you can trust that we will handle every aspect of your case. 

We will conduct a thorough investigation of the accident, collect all available evidence, and determine who should be held liable for your loved one’s death. 

Our Carlsbad wrongful death attorneys will also handle all communication and negotiations with the insurance company and fight to protect your rights and best interests every step of the way. If the insurance company is not willing to provide a fair settlement offer, we will not hesitate to take your case to trial and fight for the maximum compensation you are owed.

Learn More in a Free Consultation

If you have lost a loved one due to someone else’s negligence, our wrongful death lawyers are here to help. We understand how devastating a loss like this can be, and we are committed to providing you with the compassionate legal guidance you need during this difficult time. 

Our team at Simon Perdue Law has helped many families in situations similar to yours, and we have a long track record of success in complex wrongful death cases. Let us put our extensive experience, skills, and resources to work for you.

Call us today at (505) 588-5962 or send us a message online to schedule a free and confidential consultation with our Carlsbad, NM wrongful death attorneys.