Roswell Wrongful Death Attorney 

FAQs About Wrongful Death

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed to seek compensation for the death of a loved one due to another party's negligence or intentional harm. It aims to compensate surviving family members financially for the numerous losses incurred, from financial to emotional. These claims are intended to hold the responsible parties accountable and provide monetary relief to the affected families. At Simon Perdue Law, we guide families through the legal process to pursue justice and secure the compensation owed to them.

Who Can File a Wrongful Death Claim?

In New Mexico, the personal representative of the deceased’s estate is typically the one who files a wrongful death claim. This representative can be an executor named in the will or an administrator appointed by the probate court if there is no will. The claim is intended to represent the interests of close family members like spouses, children, or parents, who may also benefit from any compensation awarded. Our team at Simon Perdue Law assists families in determining the rightful claimant and initiating the process efficiently and effectively.

It is also worth noting that understanding your rights and responsibilities as a claimant plays a pivotal role in the timely and successful pursuit of a claim. We ensure our clients are well-informed and fully prepared to undertake the legal responsibilities of acting as a personal representative. This includes elucidating the duties and expectations in managing estate matters with legal proceedings, resulting in comprehensive support throughout the claim.

How Is Compensation Determined in a Wrongful Death Claim?

Compensation in a wrongful death claim is calculated based on several factors, including the financial losses from the deceased's income, medical expenses before death, funeral costs, and non-economic damages like pain and suffering or loss of companionship. At Simon Perdue Law, we work with expert witnesses to evaluate the full extent of these losses, ensuring that families receive fair and comprehensive settlements reflecting the profound impact of their loss.

Furthermore, the evaluation encompasses the deceased's future economic contributions and potential life journey, providing a holistic financial picture to mitigate long-term familial hardships. Every factor, including inflation forecasts and possible career trajectory, is meticulously considered. Additionally, we ensure non-economic damages, which recognize the deep emotional void left by the deceased, are thoroughly assessed, acknowledging the unique familial and social roles they fulfilled.

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

In New Mexico, the statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased person’s death. It is crucial to adhere to these timelines to preserve the right to seek compensation. Prompt action also ensures that crucial evidence is preserved and that witness testimony remains accessible. We encourage families to contact our legal team at Simon Perdue Law as soon as possible to discuss their potential claim and their legal options.

While adhering to timelines is vital, our firm also stresses the importance of immediate engagement to facilitate strategic and comprehensive preparation. Early involvement allows us to deploy investigators and expert witnesses to capture time-sensitive data, such as road conditions or perishable digital records, strengthening the claim's foundation. Early contact enhances the claim’s robustness but also assists families in gaining clarity amid emotional turmoil, easing the overall burden.

What Challenges Might I Face When Filing a Wrongful Death Claim?

Filing a wrongful death claim can involve various challenges, including proving negligence, calculating rightful damages, and negotiating with insurance companies. Emotional distress and legal intricacies can also complicate the process for grieving families. Simon Perdue Law is experienced in overcoming these hurdles through meticulous case preparation, thorough evidence evaluation, and strong negotiation tactics, providing our clients with reliable support and dedicated representation through every step.

Another common challenge is dealing with possible disputes among heirs or beneficiaries, especially when the will or estate details are unclear. Our role extends to mediating such conflicts, ensuring unity among the parties while we pursue justice externally. This comprehensive approach safeguards familial relationships while maintaining the integrity and focus of the wrongful death claim process, providing clients with a balanced and harmonious resolution framework.