Carlsbad, NM Wrongful Death Attorney
Losing a loved one isn’t something anyone is ever truly prepared for, especially when their passing was caused by someone else’s negligence. If you’re dealing with the shock and heartbreak of a wrongful death in Carlsbad, you may be left with a lot of questions about what comes next. The legal process can add to the burden during this already painful time. Working with a caring and knowledgeable attorney can help bring answers and guide you toward accountability and justice. Contact Stout & Stout Lawyers to schedule your free consultation with a Carlsbad wrongful death attorney.
Why Hire Stout & Stout Lawyers For Your Wrongful Death Case?
Finding the right Carlsbad, New Mexico personal injury lawyer after an accident can shape your entire case and recovery. The following are some reasons you should consider working with our firm:
- We have handled cases in both state and federal courts, giving us a broad perspective on wrongful death and injury law.
- Decades of practice – more than 70 years – mean we’re ready for even the most challenging claims.
- Our attorneys hold licenses and active membership in respected groups like the New Mexico Bar Association. We uphold ethics and professionalism at every turn.
Let us help you seek justice for the loss of your loved one. Contact us as soon as you’re ready to get started.
How an Attorney Can Help You With a Wrongful Death Case
Working with a lawyer after losing a loved one due to someone else’s negligence or wrongful actions is the best way to seek justice. Here’s how they can help you and your family:
- A lawyer will investigate the facts thoroughly, gathering the evidence needed to prove that someone else’s intentional actions or neglect led to your loved one’s passing.
- They handle all communication with insurance companies and opposing lawyers so you don’t have to take on added stress while you grieve.
- Your attorney will accurately value your losses, including the impact on your family’s finances, future, and emotional well-being, to make sure no damages are overlooked.
With an attorney’s help, you can concentrate on healing while someone else handles all the complex aspects of the case.
What is Wrongful Death in New Mexico?
Wrongful death in New Mexico refers to a situation where someone’s life is lost due to the negligent or intentional actions of another person or entity. When this happens, the surviving family has the right to bring a lawsuit against those at fault to seek compensation and hold them accountable for their actions.
Whenever the death of a person shall be caused by the wrongful act, neglect or default of another, although such death shall have been caused under such circumstances as amount in law to a felony, and the act, or neglect, or default, is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured.
Examples of events that can lead to a wrongful death claim include:
- A driver is texting and driving and causes a fatal car, truck, or motorcycle crash
- Medical professionals make mistakes that result in a patient’s death
- A property owner fails to maintain safe premises and a visitor is fatally injured
- Defective or dangerous products lead to someone’s death
Pursuing a wrongful death case can’t bring back a loved one, but it helps many families find answers and a sense of justice as they move forward
Who Can File a Wrongful Death Claim in New Mexico?
In New Mexico, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This person is often someone named in the will or, if there isn’t one, is usually someone appointed by the court.
Every action mentioned in Section 41-2-1 NMSA 1978 shall be brought by and in the name of the personal representative of the deceased person, and the jury in every such action may give such damages, compensatory and exemplary, as they deem fair and just, taking into consideration the pecuniary injury resulting from the death to the surviving party entitled to the judgment, or any interest in the judgment, recovered in such action and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default.
While the personal representative is the one who works with the attorney and handles court filings, the lawsuit itself is for the benefit of the surviving family members, like spouses, children, or other heirs.
For example, any accident compensation won through a fatal truck accident claim will go to these heirs according to New Mexico’s laws about distributing damages in a wrongful death case. Contact one of our truck accident lawyers in Carlsbad, New Mexico for more information and a free consultation.
Contact Stout & Stout Lawyers To Schedule a Free Consultation
Nothing can undo the pain of losing someone you love, but you do have the right to seek justice. By reaching out to an experienced wrongful death lawyer in Carlsbad, you can start the process of finding answers and holding those responsible accountable.
Our wrongful death lawyers in Hobbs, New Mexico, are also here to support families through these difficult times and pursue the justice they deserve. Your family can focus on healing while your attorney handles the legal details. Contact Stout & Stout Lawyers to schedule your free consultation with a Carlsbad wrongful death attorney.