Roswell Wrongful Death Attorney

Why Roswell Families Choose Simon Perdue Law for Wrongful Death Cases

Most personal injury firms approach wrongful death claims from one direction. Our attorneys have worked from both sides. Before transitioning to plaintiff representation, Joel Simon and Ryan Perdue defended major oil and gas companies, including BP and Conoco, in serious injury and fatality cases. They know how defense teams investigate incidents, challenge liability, and pressure families into low settlements. That knowledge directly informs how we build claims and negotiate on our clients’ behalf.

Joel Simon is a member of the New Mexico Trial Lawyers Association and has recovered millions for clients in serious injury and wrongful death matters, including a $40,000,000 wrongful death result. Ryan Perdue has handled thousands of cases throughout his career, bringing seasoned judgment to even the most complex claims. These are past results and don’t guarantee future outcomes, but they reflect a firm that prepares every case as if it may go to trial. That posture matters: insurers negotiate differently when they know opposing counsel is ready to take a case to a jury.

Simon Perdue Law has been recognized by America’s Best Advocates (Top Personal Injury Law Firm 2024), Super Lawyers, the American Institute of Personal Injury Attorneys, Attorney and Practice Magazine, and Best of the Best Top 10 Personal Injury Law Firm (2025). We offer free consultations and take cases on a contingency fee basis, so there are no upfront costs to your family.

Common Causes of Wrongful Death in the Roswell Area

Identifying the cause of a death is the first step toward establishing who is responsible. Different causes require different investigative approaches and different theories of liability.

Common causes include:

• Motor Vehicle Accidents: Highways such as U.S. Route 285 are common sites for severe accidents. These crashes may result in brain injuries ranging from concussions to life-threatening trauma, particularly in high-speed or multi-vehicle collisions.
• Oilfield and Industrial Incidents: Explosions, equipment failures, and chemical exposure are recognized causes of fatal workplace accidents across southeastern New Mexico’s oil and gas economy. These cases often involve multiple potentially liable parties.
• Medical Malpractice: Diagnosis errors, surgical mistakes, and inadequate patient care can each form the basis of a wrongful death claim when they directly cause a patient’s death.
• Work-Related Incidents: On-the-job accidents from inadequate safety protocols can cause severe burn injuries and other fatal harm that requires extensive investigation.
• Defective Products: Faulty manufacturing or design that leads to a fatal incident can expose manufacturers and distributors to wrongful death liability.

Establishing negligence is the cornerstone of every wrongful death claim. Our attorneys investigate accident reports, medical records, and witness accounts to demonstrate that another party’s act or omission directly caused the death. Under New Mexico’s pure comparative negligence rule, a decedent’s partial fault reduces but doesn’t bar recovery. Damages are reduced proportionally by the decedent’s percentage of fault.

The Legal Process for a New Mexico Wrongful Death Claim

Filing a wrongful death claim involves clear stages, and preparation at each step shapes the outcome. Our firm handles the process on behalf of the estate’s personal representative, the party authorized under New Mexico law to bring the claim.

The typical steps include:

• Evaluating evidence: Collecting medical records, accident reports, and expert testimony to establish cause, liability, and the full scope of damages, including economic losses and non-economic harm like loss of companionship.
• Filing the claim: Initiating legal proceedings through the Fifth Judicial District Court, which serves Chaves County and the Roswell area, on behalf of the estate’s personal representative.
• Negotiating settlements: Engaging with insurance companies to pursue fair compensation. Defense insurers take settlement discussions more seriously when they know opposing counsel is genuinely prepared for trial.
• Preparing for trial: If negotiations fail, we take the case to a jury. We prepare every claim with that possibility in mind from day one.

Recoverable damages can include medical expenses before death, funeral and burial costs, lost income and future economic contributions, loss of companionship, pain and suffering, loss of consortium, and, in cases involving reckless or intentional misconduct, punitive damages.

What Families Can Expect When They Contact Us

Reaching out to an attorney after losing a loved one is a difficult step. We work to make it a straightforward one. From the first conversation, our attorneys give your family’s situation their full attention, listening carefully to how the loss has affected everyone involved so we can present a complete and accurate picture of your damages.

We handle communication with insurance adjusters, organize case documentation, and coordinate with investigators so your family isn’t fielding constant calls during an already difficult time. Every step is explained in plain language, from the initial consultation through settlement discussions or trial. When appropriate, we can also point Roswell families toward community support resources while we handle the legal side of the claim. Our attorneys’ personal cell phone numbers are available at any hour, so you have a direct line when questions arise.