Alamogordo Wrongful Death Attorney
If you have received the devastating news that a loved one has died in a sudden accident, legal assistance and advice are available at The Fine Law Firm. Our Alamogordo personal injury attorneys can work closely with your family to help you during this difficult time. We are passionate about speaking up and pursuing justice for those who can no longer speak for themselves. We will be dedicated to your case as if it were our own. Contact us to begin your claim with a free consultation.
Why Choose The Fine Law Firm?
- We have what it takes to win. Our law firm has a 99 percent success rate, and our attorneys have secured millions of dollars in settlements and verdicts for past clients.
- Our law firm has established itself as a locally respected and nationally recognized leader in legal services, with over 40 years in business and two generations of lawyers.
- Our wrongful death attorneys charge reasonable fees on a contingency fee basis. This means we only charge our clients if and when we secure financial compensation for their cases.
How an Alamogordo Wrongful Death Lawyer Can Help You
Your family is going through enough after the tragic loss of a loved one. You do not also have to shoulder the burden of filing a legal claim. Hiring an experienced wrongful death lawyer in Alamogordo can give your family as much peace of mind as possible by handing the legal process over to a legal professional while you focus on grieving and healing.
Your attorney can investigate your loved one’s death, determine its cause, identify the liable parties, handle confusing legal paperwork, file your claim according to New Mexico’s rules and regulations, and negotiate with an insurance company for maximum financial compensation on your behalf. An attorney can also take your case to trial, if necessary.
What Is a Wrongful Death Under New Mexico Law?
Under the New Mexico Wrongful Death Act, found in New Mexico Statutes, Section 41-2-1, when the death of a person is caused by the wrongful act, neglect or default of another, and the act is such as would, had death not ensued, entitled the injured party to file a claim and recover damages, then any person or party that would have been liable in the personal injury claim shall be liable in an action for wrongful death. A wrongful death action is a civil lawsuit that seeks a resolution to a legal dispute in the form of financial compensation from the at-fault party.
Common Causes of Wrongful Death in Alamogordo
A wrongful death action could arise out of many different torts, meaning circumstances that give rise to liability against someone for harm suffered by another person. In New Mexico, a wrongful death claim can be brought for negligence, or a failure to use reasonable care. It could also be brought after a wrongful act, such as medical malpractice, physical assault, intent to harm, maliciousness, a wanton disregard for the safety of others, recklessness, homicide or murder. Finally, it can be brought for a default, or an omission or failure to do something that a reasonably prudent party would have done.
Common examples of incidents that can result in wrongful death actions are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle or pedestrian accidents
- Premises Liability
- Dangerous premises
- Workplace accidents
- Defective product
- Gas explosions
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Police brutality/unlawful use of deadly force
- Acts of violence
After any type of incident that inflicts a fatal injury or illness upon your loved one in Alamogordo, request a free consultation with our attorneys. We will carefully review your case and let you know if you have grounds to file a wrongful death cause of action in New Mexico. If so, we may offer to represent you during the legal process to help your family pursue fair and full financial compensation.
Who Can File a Wrongful Death Claim in New Mexico?
Each state has different rules for who has the legal right to file a wrongful death claim. In New Mexico, the law does not permit surviving family members to personally file this type of claim. Instead, a wrongful death claim must be brought by the personal representative (also referred to as the administrator or executor) of the deceased person’s estate. This title may have been given to someone in the decedent’s will or estate plan. If not, the courts will appoint a personal representative.
Types of Compensation Available for a Wrongful Death Claim
A successful wrongful death claim can help surviving loved ones by reimbursing them for various economic and noneconomic damages related to the death. An insurance claim settlement or a jury verdict in your family’s favor could lead to financial compensation for the following types of losses:
- Reasonable funeral and burial costs
- Final medical expenses
- Lost wages and future earnings
- Lost inheritance or financial contributions to the household
- The decedent’s pain and suffering leading up to death
- Survivors’ emotional distress and mental anguish
- Loss of consortium, love, guidance, companionship and counseling
At The Fine Law Firm, we realize that no amount of money is sufficient to replace the life of a beloved family member. However, we are also aware of the stress that comes with financial harm caused by a death in the family. We can help you pursue maximum financial compensation for your past and future associated losses.
New Mexico Statute of Limitations for Wrongful Death Claims
Like all personal injury claims in New Mexico, wrongful death lawsuits come with a strict deadline for filing known as a statute of limitations. With very limited exceptions, the courts will refuse to hear a case that is filed after the statute of limitations has expired. Under New Mexico Statutes, Section 41-2-2, wrongful death claims must be filed within three years of the decedent’s date of death. If the personal representative does not file within three years, the right to seek financial compensation will most likely be barred forever.
Call Our Alamogordo Wrongful Death Attorneys Today
You may be overwhelmed with grief, frustration and stress after the unexpected loss of someone you loved. If someone else’s negligent or wrongful act caused the death of your loved one, you may be eligible for financial compensation that can help you plan for the future. The lawyers at The Fine Law Firm can help you hold an at-fault party accountable.
Contact us online or call (505) 889-3463 for a free consultation about a potential wrongful death claim in Alamogordo, New Mexico or the surrounding area. We are here for you during this difficult time.