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Carlsbad Wrongful Death Lawyer

In New Mexico, if an individual dies due to someone else’s negligence or wrongful act, surviving family members have a right to seek justice beyond what the criminal courts can provide. At The Fine Law Firm, we help families in Carlsbad and throughout New Mexico pursue justice in the form of financial compensation with wrongful death claims.

We understand that your family is going through a painful and overwhelming time. Our lawyers are here to make the next steps more bearable and rewarding for everyone involved. Contact us to request a free case consultation, where you can learn more about your situation by talking to one of our experienced Carlsbad wrongful death attorneys.

Why Choose The Fine Law Firm?

  • We are dedicated to our clients. Our attorneys are available 24 hours a day to respond to clients’ needs and concerns. We will personalize your legal experience from start to finish.
  • Our wrongful death lawyers have more than 40 years of experience and are trial prepped and ready. We have what it takes to secure the best possible results for your case.
  • Our law firm operates on a contingency fee basis. This means we won’t charge you anything for our legal services unless we collect financial compensation for your wrongful death claim.

How a Carlsbad Wrongful Death Lawyer Can Help You

Dealing with the unexpected loss of a loved one is enough for any family to endure. You do not also have to handle a wrongful death claim on your own. Hiring an experienced wrongful death attorney in Carlsbad can benefit you in numerous ways, including:

  • A team of professional investigators looking into the cause of your loved one’s death.
  • An attorney searching for, preserving and collecting evidence to support your case.
  • An attorney answering your questions and taking care of legal paperwork for you.
  • Your lawyer making sure you don’t miss New Mexico’s filing deadline or make any other mistakes.
  • A legal advocate aggressively negotiating with an insurance company on your behalf.
  • Pursuing maximum financial compensation, even if this means going to trial.

If you hire a lawyer, you can focus on mourning your loved one, moving forward and planning the future while your lawyer handles the complicated legal aspects of your case for you. An attorney will make sure you and your family have everything you need to get past this difficult time.

What Are the Elements of a Wrongful Death Claim?

New Mexico Statutes, Section 41-2-1 defines wrongful death as the death of one person that is caused by the wrongful act, neglect or default of another. This can refer to torts or wrongdoings such as negligence, intent to harm or medical malpractice. In a wrongful death cause of action, the plaintiff or filing party has the burden of proof to establish the defendant’s fault. This typically requires evidence of four key elements:


  1. The defendant owed a duty of care to the deceased person (decedent).
  2. The defendant breached the duty of care with a negligent act or omission.
  3. The defendant’s breach of the duty of care caused the decedent’s fatal injury or illness.
  4. The death resulted in losses or damages suffered by surviving loved ones or the estate.

The burden of proof is a preponderance of the evidence, otherwise known as “more likely to be true than not true.” The courts must be convinced that it is at least 51 percent likely that a wrongful death occurred, and that the defendant is to blame. This requires clear and convincing evidence that an attorney can help you find.

Who Can File a Wrongful Death Claim in New Mexico?

According to state law, a personal representative of the deceased person’s estate is the only party with the legal right to file a wrongful death claim. A personal representative, also known as the administrator of the estate, may have been named by the decedent in a will or estate plan prior to passing. If not, the courts can appoint a personal representative.

Who Can You Sue for a New Mexico Wrongful Death Claim?

To file a wrongful death claim in Carlsbad, the claimant must identify and name one or multiple defendants. This is the person or party accused of committing the negligent or wrongful act that caused the wrongful death. Depending on the circumstances of the incident, one or more parties could be held liable – legally and financially responsible – for the death. Possibilities include:

No matter what type of accident or incident resulted in the loss of your loved one’s life in Carlsbad, discuss the possibility of a wrongful death claim with one of our attorneys as soon as possible. If your family is eligible to file this type of lawsuit, you must abide by New Mexico’s strict deadline for filing. Otherwise, you could lose the right to pursue financial compensation forever.

How Long Do You Have to File a Wrongful Death Claim?

According to New Mexico Statutes, Section 41-2-2, you have no more than three years from the date of your loved one’s death to file a wrongful death claim. With only a few rare exceptions, if you fail to bring a claim within three years, you will be ineligible for financial compensation, even if your family has proof of wrongful death. This is why it is critical to contact an attorney to begin the legal process without delay after an unexpected fatal accident.

Call The Fine Law Firm For a Free Consultation

At The Fine Law Firm, our attorneys understand what you are going through and how difficult it is to cope with the loss of a loved one’s life. We are here to help your family understand your rights and pursue justice with as little stress as possible. Our Carlsbad wrongful death attorneys can guide you through the legal process from start to finish with personalized care and attention.

Contact us today to learn more about how we can help you and your family after a preventable loss of life. Call (505) 889-3463 or send us a brief description of your case and we will get back to you as soon as possible to arrange a free case evaluation.