Hobbs Wrongful Death Attorney

Suffering the death of a loved one as a result of an accident that wasn’t their fault is a devastating experience. While money won’t change the fact that a loved one has died, you deserve compensation for the wrongful act that caused their death. In particular, if the person lost was a vital provider for your family then the loss may be a tremendous financial burden on your family.

However, without the knowledge and experience necessary to deal with all the legal issues involved in a wrongful death case, it can be difficult to get the compensation you deserve. That’s why Stout & Stout Lawyers is proud to serve the local community in West Texas and Southwestern New Mexico.

With 70 years of combined experience dealing with accident and wrongful death cases, our Hobbs injury attorneys have the experience needed to get you the financial compensation you deserve so that you can take care of your family and loved ones after this tragic event. Don’t go it alone, let our experienced Hobbs wrongful death attorneys be there with you.

Causes of Wrongful Death

There are several ways that a wrongful death can occur. Depending on the individual circumstances of your case, you may be eligible for different forms of compensation. Here are some of the most common causes of wrongful death.

Negligence

Negligence is defined as failing to take proper care when performing an action. This can be something as simple as pouring a cup of coffee, up to piloting a plane. While negligence itself isn’t the cause of wrongful deaths, it is often a major contributing factor in events that lead to wrongful death.

Auto Accidents

Car accidents are one of the leading causes of wrongful deaths in the United States. Driving while texting, excessive speeding, putting on makeup while driving, faulty equipment, and other factors can all contribute to an auto accident that results in death. Most often the at-fault driver is found to be negligent in some way while driving, which results in the accident. If you were involved in a New Mexico car accident in Lea County, or surrounding areas, contact one of our Hobbs auto accident attorneys today!

Workplace Accidents

While not as common as auto accidents, workplace accidents in New Mexico may also lead to a wrongful death. In certain high risk industries the likelihood of a wrongful death is very high, especially if safety standards and precautions are maintained the way that they should be for safety in the workplace.

Medical Malpractice

Much like other types of cases, medical malpractice can cause death when a doctor or nurse fails to take proper precautions when taking care of a patient. Medical malpractice can be caused by human error, equipment failure, or pure negligence such as not checking a patient’s chart before administering medication.

What Are The Steps to File a Wrongful Death Claim in Hobbs?

Filing a wrongful death claim in Hobbs, New Mexico, involves a specific legal process that typically includes the following steps:

Confirm the Personal Representative

New Mexico law requires that the wrongful death lawsuit can only be filed by the personal representative (sometimes called the executor) of the deceased person’s estate. This may be named in a will or appointed by the court if there’s no will.

Consult With an Attorney

Wrongful death laws and court procedures can be complicated. Meeting with a lawyer who handles these claims in New Mexico will help make sure your case is filed properly, and your legal rights and the rights of the surviving family members are protected. Gather Important Documentation With the help of your lawyer, you’ll want to gather important documentation for the case. This often includes the death certificate, accident reports, medical records, and any evidence related to the incident.

Investigate and Build the Case

A thorough investigation into the cause of death is essential. This may include witness interviews, expert consultations, and reconstructing the accident to find out who was legally responsible.

File the Lawsuit Within the Statute of Limitations

There is a limited window of time to act in New Mexico. Generally, wrongful death lawsuits must be filed within three years from the date of death. Missing this deadline could bar the claim entirely, meaning you and your family cannot collect any compensation, even if it’s clear someone else was at fault for the loss of your loved one.

Settlement Discussions or Court Trial

After the case is filed, your attorney may negotiate a settlement with the other side to reach a fair conclusion without a trial. If no agreement can be reached, the claim can proceed to court, where evidence will be presented, and a judge or jury will determine compensation.

Taking each of these steps ensures the process is handled correctly and maximizes the chances of securing justice and financial recovery for the loved ones left behind.

What Types of Damages Are Recoverable?

What Types of Damages Are Recoverable in a New Mexico Wrongful Death Case?

When a wrongful death claim is filed in Hobbs, New Mexico, several different types of damages may be available depending on the facts of the case. They most often include some or all of the following:

Medical Expenses

This includes costs for all medical care related to the deceased person’s final illness or injury, even if their time in the hospital was brief. Covered expenses may involve ambulance fees, emergency room visits, ICU stays, and any lifesaving treatment or procedures leading up to death.

Lost Wages and Future Earnings

Surviving relatives can claim compensation for the money the decedent would have earned if they had lived. This can include job income and employee benefits like insurance or retirement contributions.

Emotional Distress and Loss of Consortium

Family members often suffer much more than just financial loss after a wrongful death. Compensation can include money for emotional pain and grief. Loss of consortium covers things like missing companionship, support, advice, and the special relationship that has been lost forever as a result of the tragedy.

The Victim’s Pain and Suffering

If the deceased experienced physical pain, fear, emotional suffering, or distress before dying, those personal damages can also be claimed.

We understand that nothing will bring back your loved one, but obtaining the compensation you’re entitled to is important to help you move forward.

Why You Need Our Hobbs Wrongful Death Lawyers From Stout & Stout

Wrongful death cases can be very complex. Depending on how your loved one died and the parties involved, there may be more than one at fault party. Determining who is at-fault is difficult even under the best of circumstances, but the more complex the situation, the harder it gets.

Our attorneys are here for you to walk you through the process, help gather evidence, testimony and build your case. We can help identify the at fault parties so that you can be sure your claim is against the right person. We prepare every case as though it were going to trial so that no matter what tricks the other legal team uses, we are ready.

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