Wrongful Death

Hobbs Wrongful Death Attorney

Fighting For Those Who Have Lost a Loved One Due to Negligence in New Mexico

When you lose a loved one in an accident, it can be one of the most challenging experiences you will ever face. The loss of a family member is always painful, but it can be especially devastating when the death is the result of someone else’s negligence.

At Simon Perdue Law, our Hobbs wrongful death attorney understands that you are going through an unimaginably difficult time. We are here to provide the compassionate support and strong legal guidance you need. We can help you understand your rights and fight for the maximum compensation you are owed.

Call (505) 588-5962 or reach out to us online to request a free consultation with our wrongful death lawyers in Hobbs, NM.

What Is Considered to Be a “Wrongful Death?”

Wrongful death is a legal term for a situation in which someone dies as a result of someone else’s negligence or wrongful act. In other words, a wrongful death is any death that could have been prevented if the responsible party had acted with reasonable care.

Wrongful death claims are civil actions that allow surviving family members to seek compensation for their losses. These claims are separate from any criminal charges that may also be filed against the responsible party.

A wrongful death claim is not about punishing the at-fault party. Instead, it is about holding them accountable for their actions and compensating the surviving family members.

Common Causes of Wrongful Death

Wrongful death can occur in various situations, many of which are preventable. Here are some of the most common causes:

  • Car Accidents: Distracted driving, drunk driving, speeding, and reckless behavior behind the wheel often lead to fatal accidents. When another driver's negligence results in a tragic loss, families may be able to hold that driver accountable for their actions.
  • Truck Accidents: Large trucks pose a significant risk to smaller vehicles on the road due to their size and weight. Trucking accidents can result from driver fatigue, improperly loaded cargo, mechanical failures, or inadequate training. Trucking companies may also bear responsibility if they fail to follow safety regulations or enforce mandatory rest breaks for drivers.
  • Medical Malpractice: When healthcare providers fail to meet the accepted standard of care, it could result in fatal consequences for patients. Medical malpractice wrongful death claims could arise from surgical errors, misdiagnosis, prescription errors, or inadequate patient monitoring.
  • Workplace Accidents: Workplace fatalities are unfortunately common in industries like construction, manufacturing, and oil and gas. Accidents can occur because of inadequate safety measures, insufficient training, defective equipment, or employer negligence. Families of workers who have died in workplace incidents may be eligible for compensation beyond standard workers' compensation benefits through a wrongful death lawsuit.
  • Defective Products: Product manufacturers must ensure their products are safe for consumer use. The manufacturer or distributor may be held liable when a design, manufacturing, or labeling defect leads to a fatal injury. Defective products that commonly cause wrongful death include vehicles, medical devices, prescription drugs, and household appliances.
  • Premises Liability: Property owners are liable for maintaining safe conditions. If hazardous conditions such as poor lighting, unmaintained structures, or unsafe walkways result in fatal injuries, the property owner or manager could be held accountable. Wrongful death cases related to premises liability often occur in commercial settings, residential complexes, or public spaces.

Who Can File a Wrongful Death Claim in New Mexico?

In New Mexico, the personal representative of the decedent’s estate must file a wrongful death claim. This person is typically named in the decedent’s will or appointed by the court.

The personal representative files the claim on behalf of the surviving family members and the estate, which may include:

  • A surviving spouse
  • Children and grandchildren
  • Parents of the deceased
  • Siblings of the deceased

All proceeds from a wrongful death lawsuit will be distributed among surviving family members per the guidelines stated in N.M. Stat. § 41-2-1.

Available Damages in a Wrongful Death Claim

Under New Mexico law, a wrongful death claim allows surviving family members to seek compensation for both economic and non-economic damages.

These damages may include:

  • Medical expenses related to the deceased’s final injury or illness
  • Funeral and burial expenses
  • Loss of the deceased’s income and financial support
  • Loss of the deceased’s love, companionship, guidance, and household services
  • Emotional distress
  • Pain and suffering
  • Punitive damages

At Simon Perdue Law, we are experienced in helping families seek compensation for all types of wrongful death claims, including those arising from truck accidents and oilfield accidents.

What is the Statute of Limitations for Wrongful Death Claims in New Mexico?

In New Mexico, the statute of limitations for wrongful death claims is three years. This means that you have three years from the date of your loved one’s death to file a lawsuit. If you fail to file within this time frame, you will most likely lose your right to compensation.

How Our Wrongful Death Attorney Can Help You

When you are grieving the loss of a loved one, the last thing you want to do is deal with insurance companies and legal matters. Unfortunately, surviving family members are often forced to navigate the legal system on their own in order to seek compensation for their losses.

When you work with our Hobbs wrongful death attorneys at Simon Perdue Law, you can focus on your family and your healing while we handle the rest.

We will handle every aspect of your case and work tirelessly to build the strongest possible case on your behalf. Our team is prepared to fight for you and your family in court, and we are not afraid to take on big insurance companies and their legal teams.

At Simon Perdue Law, we are committed to providing personalized legal services and compassionate support to each and every one of our clients. We understand that no two cases are the same, and we take the time to get to know you and your unique needs.

Our team will work directly with you throughout the legal process and keep you informed about any developments in your case. We are always available to answer your questions and address your concerns.

Contact Our Wrongful Death Attorney in Hobbs Today

If you have lost a loved one in an accident, contact Simon Perdue Law today to schedule a consultation with our Hobbs, NM, wrongful death lawyers. We can meet with you in person or over the phone to discuss your situation and help you understand your options. Our team is proud to represent families throughout New Mexico.

Call (505) 588-5962 or send us a message online to learn more about your options in a free consultation with our Hobbs wrongful death lawyers.

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