Losing a beloved family member is an extremely painful experience that can be even more devastating if you suspect someone else is responsible for the death. While you mourn your loved one, you should not also have to investigate the death or negotiate a fair settlement from an insurance company that does not have your best interests in mind.
At The Fine Law Firm, our Hobbs wrongful death lawyer can help you during this difficult time. We will aggressively advocate for your family’s rights as we pursue justice on your loved one’s behalf. Contact us today to schedule a free initial case consultation to learn more.
Why Clients Trust Our Hobbs Wrongful Death Lawyers
- We have more than 40 years of experience helping clients in New Mexico with the most complex personal injury and wrongful death cases.
- Our attorneys have obtained millions of dollars in settlements and verdicts and have a 99-percent case success rate.
- We offer a personalized legal experience. Your wrongful death lawyer will truly care about you, your family and your case.
- You will not pay us unless we successfully secure compensation for your wrongful death case. We operate on a contingency fee basis in Hobbs.
Who Can File a Wrongful Death Claim in New Mexico?
New Mexico’s wrongful death laws, beginning with New Mexico Statutes, Section 41-2-1, define this civil tort, give a time limit for filing and list who legally has the right to file this type of claim. The definition of “wrongful death” is a loss of life caused by someone else’s wrongful act, neglect or default. Neglect or negligence refers to the failure to exercise reasonable care, while default is an omission or failure to do something that a reasonable and prudent person would have in the same circumstances.
A wrongful act can refer to someone else’s recklessness, wanton disregard for the safety of others, malicious intent to harm or criminal acts. All of these torts or acts of wrongdoing can give a family grounds to pursue financial compensation through a wrongful death cause of action in New Mexico. Section 41-2-3 gives only the personal representative of the deceased person the right to bring this type of action. This is someone who may be named in the decedent’s will or estate plan, or else appointed by the courts.
How Does a Wrongful Death Claim Work?
If there is evidence of a wrongful death, an attorney in Hobbs at The Fine Law Firm can assist surviving family members with the claims process. Although each case is unique, the basic legal process is as follows:
- Investigation. An investigation of the decedent’s death will take place to determine if negligence, recklessness or wrongful acts contributed to the fatal injury or illness. One or more defendants will be named by the attorney after the investigation is complete.
- Evidence collection. A lawyer will collect all available evidence to support a wrongful death case, which may include medical records, an autopsy or coroner’s report, eyewitness statements, a police report, employment records, cell phone records, and expert testimony.
- Claims filing. The required paperwork must be filled out and filed before New Mexico’s three-year deadline. Note that a civil claim can be filed even if there are pending criminal charges against the at-fault party. These are two separate types of cases that can be processed simultaneously.
- Settlement negotiations. To obtain a settlement from an insurance company, your lawyer must prove that the defendant owed your loved one a duty of care, breached or violated this duty of care, and caused the decedent’s death. This must be proven with at least a 51 percent certainty.
- A wrongful death trial. Most wrongful death claims in New Mexico reach settlements. If an insurance company refuses to offer your family a reasonable amount for the death of your loved one, however, your lawyer can take your case to trial in Hobbs.
Your family does not have to navigate the wrongful death claims process in New Mexico alone. An attorney from The Fine Law Firm can guide you through each step from start to finish while protecting your rights and best interests.
Common Causes of Wrongful Death
A wrongful death cause of action can be filed after many different types of preventable accidents in Hobbs. If one or more parties are responsible for causing the death of another person, they can be held liable with a wrongful death claim. This is true after fatal accidents such as:
- Car and truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse and neglect
- Premises-related accidents
- Swimming pool accidents
- Defective product injuries
- Negligent security and criminal attacks
If you wish to find out whether your family has grounds to file a wrongful death claim, consult with our attorneys to tell your story. We will review your case carefully and investigate the circumstances to determine if your case has merit.
Do You Need a Hobbs Wrongful Death Attorney?
It is important to realize that during a wrongful death claim, an insurance company will not want what is best for you or your family. It will put its own interests first. This can make it difficult to recover fair financial compensation for the loss of a loved one’s life without assistance from an experienced attorney. An attorney can take over settlement negotiations with an insurance claims adjuster for you.
You can trust a Hobbs wrongful death lawyer to pursue maximum financial compensation and protect your family’s rights. Your lawyer can strengthen your case by conducting a thorough investigation, collecting evidence, hiring experts at the top of their fields, and using proven negotiation strategies to achieve fair case results. Meanwhile, your family can concentrate on grieving your deceased loved one and seeking closure.
Call Our Hobbs Wrongful Death Lawyers Today
The devastating death of a loved one can turn your life upside-down. No amount of financial compensation can make things right. Holding someone accountable for causing the death of your family member, however, can help provide justice. At The Fine Law Firm, we can advocate for your family and make sure it has everything it needs during this difficult time. Consult with a Hobbs wrongful death lawyer today by requesting a free case review. Call (505) 889-3463 or contact us online anytime.