New Mexico Wrongful Death Attorneys
Former Defense Lawyers. Millions Recovered. Fighting for Your Family.
When a loved one dies because of someone else’s negligence, the grief is overwhelming. The legal questions that follow can feel impossible to face alone. Surviving family members may be able to pursue a wrongful death lawsuit in New Mexico to seek justice and compensation for their losses, and we’re here to carry that burden for you.
At Simon Perdue Law, we handle every legal detail of your wrongful death claim so you can focus on your family and healing. Call us to speak with a New Mexico wrongful death attorney at no cost, with no obligation.
Call our office at (505) 588-5962 or submit an online contact form to schedule a free, confidential consultation today.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action filed when a person dies as a result of another party’s wrongful act, neglect, or default. It is the same conduct that would have supported a personal injury claim had the person survived. The purpose of the claim is to seek compensation for the losses the surviving family has suffered as a result of the death.
While no amount of compensation can make up for the loss of a loved one, a successful wrongful death claim in New Mexico may help surviving family members recover costs including:
- Medical bills incurred before death
- Funeral and burial costs
- Lost wages and benefits
- Pain and suffering
- Loss of companionship and consortium
- Loss of household services
In cases involving gross negligence or intentional misconduct, punitive damages may also be available to punish the at-fault party and deter similar conduct in the future.
We’ll Fight for You
Who Can File a Wrongful Death Lawsuit in New Mexico?
Under the New Mexico Wrongful Death Act, all wrongful death lawsuits must be brought by the personal representative of the deceased person’s estate. That representative may be named in the deceased’s estate plan or, if no plan exists, appointed by the court for purposes of the wrongful death action.
Under N.M. Stat. § 41-2-3, damages from a wrongful death lawsuit are distributed as follows:
- Surviving spouse with no children: All proceeds go to the surviving spouse.
- Surviving spouse and children or grandchildren: One-half goes to the spouse, and the other half is divided among the children and grandchildren.
- Children with no spouse: All proceeds are divided among the children and grandchildren.
- No spouse or children: All proceeds go to the deceased’s father and mother.
- No spouse, children, or parents: All proceeds go to any surviving siblings.
Understanding Your Rights in a Wrongful Death Case
Key points to understand when considering a wrongful death lawsuit in New Mexico:
- Eligibility to File: Under New Mexico law, the personal representative of the deceased’s estate files the wrongful death claim on behalf of the family. Compensation then flows to surviving beneficiaries: spouses, children, parents, or siblings, according to the statutory distribution scheme.
- Types of Damages: Wrongful death claims can encompass economic losses such as medical expenses, funeral costs, and lost wages, as well as non-economic losses including grief, loss of companionship, and emotional suffering.
- Statute of Limitations: In New Mexico, wrongful death claims must be filed within three years from the date of death. Missing this deadline can bar recovery.
- Proving Negligence: To pursue a wrongful death case, you must establish duty, breach, causation, and damages. This shows that the death resulted from another party’s negligence or wrongful act. Our New Mexico wrongful death attorneys can help gather the evidence needed to build a strong claim.
Contact Simon Perdue Law today for a free consultation, and let us help you understand your rights and the legal options available to you.
How Long Do I Have to File a Wrongful Death Lawsuit in New Mexico?
New Mexico’s wrongful death statute of limitations is three years from the date of death under N.M. Stat. § 41-2-2. If you don’t file within that window, you may lose the right to pursue a claim. Very few exceptions exist, which is why it’s important to act as soon as possible.
Families often have questions about how this deadline applies in more complex situations, such as crashes on I-25 or I-40, oilfield incidents, or cases involving regional hospital care. We review the specific facts of each case to identify when the limitations clock began and whether any limited exceptions might affect your timeline, so you can make informed decisions about next steps.
What to Expect During a Wrongful Death Case in New Mexico
Every case is different, but most wrongful death claims in New Mexico follow a general sequence of steps. Understanding these stages can make an already difficult time feel more manageable.
- Initial Investigation: We begin with a detailed review of what happened, which may include obtaining law enforcement reports, gathering medical records, documenting the scene, and speaking with witnesses.
- Evaluating Damages: Working with the personal representative, we assess financial losses such as future income and benefits, along with the broader impact the loss has had on the family.
- Demand and Negotiation: Once evidence and damages are organized, we present a demand to the appropriate insurance companies and may engage in settlement discussions or mediation before filing suit.
- Filing in District Court (If Necessary): If a fair resolution isn’t reached, the case may be filed in a New Mexico district court, such as those serving Lea County or Eddy County.
- Discovery and Pretrial Process: Both sides exchange information, take depositions, and file motions. We prepare you for each step and explain what to expect throughout.
Throughout the case, our role is to keep you informed, answer your questions, and help you weigh important decisions, including whether to accept a settlement or continue toward trial.
Learn more about how our New Mexico wrongful death lawyers can help by contacting us online or calling (505) 588-5962 today.
When We're On The Case
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Real Trial LawyersWe'll take your case and fight until the end. We'll take a trial over a settlement because we know you deserve more.
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Insider InformationAs former big oil defense attorneys, we know the tricks and trades the other side uses.
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Always PushingWe know the opposing side is not always forthright with their evidence. We know what we want, and will not stop until we get it.
Common Causes of Wrongful Death in New Mexico
Wrongful death can arise whenever a person’s death results from another party’s negligence, recklessness, or unlawful conduct. Some of the most common causes we handle include:
- Motor vehicle accidents: Traffic collisions involving cars, trucks, motorcycles, bicycles, and pedestrians are a leading cause of wrongful death in New Mexico. Speeding, drunk driving, distracted driving, and reckless behavior all contribute to fatal crashes.
- Medical malpractice: Negligence by healthcare professionals, including misdiagnosis, surgical errors, medication errors, anesthesia errors, and failure to treat, can result in preventable death.
- Workplace accidents: Fatal on-the-job incidents in hazardous industries such as construction, mining, and oil and gas extraction can give rise to wrongful death claims. Common causes include falls, electrocutions, machinery accidents, toxic exposures, and transportation incidents.
- Defective products: Faulty automotive parts, dangerous pharmaceuticals, defective medical devices, and unsafe industrial machinery can all cause fatal accidents and support wrongful death claims.
- Premises liability: Property owners and managers may be held liable when negligent conditions, inadequate security, structural failures, or unsafe premises, lead to a fatal accident.
- Criminal acts: Homicide, assault, battery, and other violent crimes can support a civil wrongful death claim against the perpetrator or entities responsible for security failures, separate from any criminal prosecution.
Determining liability requires a thorough investigation of the circumstances. If you believe your loved one’s death resulted from someone else’s negligence, contact a wrongful death attorney in New Mexico at Simon Perdue Law for a free consultation to evaluate your case.
Wrongful Death vs. Survival Action in New Mexico
Families pursuing a wrongful death claim in New Mexico sometimes encounter a related but distinct legal concept: the survival action. Understanding the difference helps you and the personal representative make more informed decisions about how to proceed.
A wrongful death claim compensates surviving family members for their own losses: lost income, loss of companionship, and grief. A survival action, by contrast, belongs to the deceased’s estate and covers losses the deceased personally suffered before death, such as pre-death pain and suffering and medical expenses incurred between the injury and death.
Both claims can arise from the same incident and may sometimes be pursued at the same time, though they serve different purposes and distribute proceeds differently. In New Mexico, the personal representative typically brings both types of actions. Whether one or both apply in your situation depends on the facts, and our attorneys can help clarify which claims are available and what each would cover.
FAQs About Wrongful Death in New Mexico
What Types of Injuries Often Lead to a Wrongful Death Claim in New Mexico?
Wrongful death claims often arise when a person suffers catastrophic injuries such as amputations, traumatic brain injury, severe burn injuries, crush injuries, or multiple fractures. These injuries can trigger life-threatening complications including organ failure, internal bleeding, infection, or irreversible neurological damage. When negligence played a role in a fatal outcome, surviving family members may have the right to pursue compensation for medical expenses, funeral costs, lost financial support, and the emotional impact of their loss.
What Damages Are Available in a Wrongful Death Claim?
Damages in a wrongful death claim are meant to compensate surviving family members for both economic and non-economic losses. Economic damages can include medical bills incurred before death, funeral costs, and the future income the deceased would have contributed. Non-economic damages cover emotional pain and suffering, loss of companionship, and the loss of the deceased’s guidance and care. The specific damages recoverable vary depending on the circumstances of the death and the relationships involved.
Can I Pursue a Wrongful Death Claim Alongside Criminal Charges?
Yes. A civil wrongful death claim and criminal proceedings serve different purposes and can run at the same time. Criminal charges are prosecuted by the state and seek accountability through penalties such as fines or imprisonment. A civil wrongful death claim seeks financial compensation for the family. A civil claim can provide a measure of justice and resolution regardless of how criminal proceedings conclude, since the standards of proof differ. Our New Mexico wrongful death lawyers can help you understand both paths and determine the strategy that fits your situation.
How Does Fault Affect a Wrongful Death Claim in New Mexico?
New Mexico follows pure comparative negligence, which means that if the deceased was partly at fault for the incident, the family’s compensation is reduced by that percentage, but not eliminated. For example, if a court finds the deceased was 20% responsible, the damages award would be reduced by 20%. Our wrongful death attorneys work to thoroughly establish the liability of other parties, which can affect the compensation your family may recover.
What Role Do Insurance Companies Play in Wrongful Death Claims?
Insurance companies representing the at-fault party typically aim to minimize what they pay out, and adjusters may offer settlements that fall well short of what the family deserves. Negotiating with insurers is complex, and having legal representation can make a meaningful difference. We negotiate directly on behalf of families to pursue compensation that reflects the extent of their losses, and if an insurer refuses to offer fair compensation, we’re prepared to take the case to trial. We handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless the case results in recovery.
supporting You through your legal journey
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"Wanted the Best for Me"Joel always validated my feelings and wanted the best for me. He was thorough and transparent throughout the whole process. I highly recommend Joel for any of your litigation needs.- Former Client
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"Attentive to My Needs"Simon Perdue was attentive to my needs and the issues of my case. He answered all my questions and kept me informed about every step.- Former Client
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"Couldn’t Have Chosen a Better Law Firm"I couldn’t have chosen a better law firm to finish my case. Joel was knowledgeable and helped with any questions my husband and myself may have had.- Former Client
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"Made Me Feel Like Family"After losing a friend and nearly my own life in explosion at work, Joel Simon made me feel like family and fought for me. Got me what I deserved.- Former Client
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"You are an angel in human form with your line of work and would not have chosen any other lawyer."Joel, thank you again for fighting in my favor. You have changed my life and way of thinking drastically, I am now becoming a business owner. You are an angel in human form with your line of work and would not have chosen any other lawyer. The way you treated me and my family in making sure we were taken care of, I gratefully appreciate you for that. May you continue the good fight for God and may you and your family continue being blessed.- Ryan P.
How Our Wrongful Death Lawyers in New Mexico Can Help
We know that no amount of compensation can replace a loved one. But we also know that the financial weight of a sudden loss can make grief even harder to bear. Our job is to pursue the full and fair recovery available under the law while you focus on healing.
What You Can Expect From Our Firm
When you work with us, you can expect:
- Compassionate, personalized counsel. We treat our clients like family and are committed to the kind of one-on-one attention that larger firms don’t offer.
- Aggressive representation. We aren’t afraid to stand up to insurance companies and large corporations. We fight for you in settlement negotiations and in court.
- Accessible service. We offer free initial consultations and handle cases on contingency. There are no fees unless your case results in recovery. Our attorneys also provide their personal cell phone numbers so you can reach us any time you have a question.
In most wrongful death matters, our work begins with a thorough investigation: gathering law enforcement reports from agencies in communities such as Hobbs, Carlsbad, and Lovington, interviewing witnesses, and consulting with medical and economic professionals. We carefully document how the loss has affected your family, financially and emotionally, and present a clear picture of your damages to insurers, defense lawyers, and, when necessary, to a jury in courts throughout New Mexico.
Our Attorneys’ Background & Recognition
Joel Simon has recovered millions for clients, including a $40 million wrongful death result, and is a member of the New Mexico Trial Lawyers Association. Ryan Perdue has handled thousands of cases across his career. Both attorneys built their careers on the defense side, representing major oil and gas companies, which means they know firsthand how corporate defendants and their insurers approach wrongful death claims in the Permian Basin and across New Mexico. That knowledge is now applied entirely on behalf of the families those companies once opposed. The firm has received recognition from America’s Best Advocates, Super Lawyers, the American Institute of Personal Injury Attorneys, and Attorney and Practice Magazine.
Let us handle your wrongful death claim so you can focus on your family. Call (505) 588-5962 or contact us online to get started with a free consultation with our New Mexico wrongful death attorneys.
advocating for the maximum compensation
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$40,000,000 Wrongful Death
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$17,000,000 Oilfield Explosion
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$15,000,000 Truck Accident
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$10,500,000 Brain Injury
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$3,000,000 Head Injury
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$3,000,000 Back Injury
