When We're On The Case
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Real Trial LawyersWe'll take your case and fight until the end. We'll take a trial over a settlement because we know you deserve more.
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Insider InformationAs former big oil defense attorneys, we know the tricks and trades the other side uses.
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Always PushingWe know the opposing side is not always forthright with their evidence. We know what we want, and will not stop until we get it.
What is Wrongful Death?
Wrongful death occurs when a person dies as a result of the negligent, reckless, or intentional actions of another party. Unlike criminal cases, which are prosecuted by the state, wrongful death claims are civil lawsuits brought by the deceased person's family or estate. The purpose of a wrongful death lawsuit is to seek compensation for the financial and emotional losses suffered by the surviving family members due to their loved one’s death.
To successfully bring a wrongful death lawsuit in New Mexico, certain elements must be proven:
- Duty of Care: The plaintiff must establish that the defendant owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a certain way to prevent harm.
- Breach of Duty: It must be shown that the defendant breached this duty of care. This breach can be an act of negligence, recklessness, or intentional misconduct.
- Causation: The plaintiff must prove that the breach of duty directly caused the death of their loved one. This involves showing a direct link between the defendant’s actions and the fatal incident.
- Damages: The plaintiff must demonstrate that the death resulted in quantifiable damages, such as medical expenses, funeral costs, loss of income, and emotional suffering.
The lawsuit is usually filed by the personal representative of the deceased person's estate. The personal representative is often named in the deceased's will or appointed by the court if no will exists.
While the personal representative files the lawsuit, any compensation awarded is distributed to the surviving family members according to New Mexico’s laws of intestate succession. This generally includes the surviving spouse, children, and parents.
supporting You through your legal journey
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"Attentive to My Needs"Simon Perdue was attentive to my needs and the issues of my case. He answered all my questions and kept me informed about every step.- Former Client
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"You are an angel in human form with your line of work and would not have chosen any other lawyer."Joel, thank you again for fighting in my favor. You have changed my life and way of thinking drastically, I am now becoming a business owner. You are an angel in human form with your line of work and would not have chosen any other lawyer. The way you treated me and my family in making sure we were taken care of, I gratefully appreciate you for that. May you continue the good fight for God and may you and your family continue being blessed.- Ryan P.
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"Made Me Feel Like Family"After losing a friend and nearly my own life in explosion at work, Joel Simon made me feel like family and fought for me. Got me what I deserved.- Former Client
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"Wanted the Best for Me"Joel always validated my feelings and wanted the best for me. He was thorough and transparent throughout the whole process. I highly recommend Joel for any of your litigation needs.- Former Client
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"Couldn’t Have Chosen a Better Law Firm"I couldn’t have chosen a better law firm to finish my case. Joel was knowledgeable and helped with any questions my husband and myself may have had.- Former Client
Why Choose Simon Perdue Law?
Navigating a wrongful death lawsuit requires extensive legal knowledge and experience. At Simon Perdue Law, we offer:
- Compassionate Support: We understand the emotional toll that a wrongful death can have on a family. Our team is here to provide compassionate support throughout the legal process.
- Expert Legal Representation: Our experienced wrongful death lawyers have a deep understanding of New Mexico’s wrongful death laws and are skilled in building strong cases to maximize compensation for our clients.
- Dedicated Advocacy: We are committed to advocating fiercely on behalf of our clients to ensure that justice is served and that the responsible parties are held accountable.
Contact us today at (505) 588-5962 to let our firm help you through this difficult time.
Damages from a Wrongful Death Lawsuit
A wrongful death lawsuit aims to provide financial relief to the surviving family members for their losses. The types of damages that can be recovered include:
- Economic Damages: These damages cover the financial contributions the deceased would have made to the family, including lost wages, benefits, and inheritance. Additionally, economic damages can cover medical expenses incurred before death and funeral and burial costs.
- Non-Economic Damages: These damages compensate for the intangible losses suffered by the family, such as pain and suffering, loss of companionship, guidance, and emotional distress.
- Punitive Damages: In cases where the defendant's actions were particularly egregious or malicious, the court may award punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
advocating for the maximum compensation
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$40,000,000 Wrongful Death
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$17,000,000 Oilfield Explosion
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$15,000,000 Truck Accident
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$10,500,000 Brain Injury
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$3,000,000 Head Injury
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$3,000,000 Back Injury
