Clovis Wrongful Death Attorney

Wrongful death is a tragedy that will change your life forever. If you recently lost a loved one in a traumatic incident in Clovis, New Mexico, contact The Fine Law Firm to speak to a wrongful death lawyer about a potential claim. Your family may qualify for financial compensation through the civil justice system. While no amount of money can bring your loved one back, filing a claim could deliver justice beyond what the criminal courts can provide. Request your free case consultation today.

Why Choose Our Clovis Wrongful Death Lawyer?

Clients trust us. The Fine Law Firm has spent over 40 years representing families in wrongful death cases in Clovis, Albuquerque and throughout New Mexico.

We get real results. We are proud to say we have a 99-percent success rate representing personal injury and wrongful death clients. We are a nationally recognized plaintiff’s law firm.

We are affordable. Our Clovis wrongful death lawyers work on a contingency fee basis, meaning your family won’t pay us a dime in attorney’s fees unless we win your case.

What Qualifies as a Wrongful Death in New Mexico?

A wrongful death claim is defined in New Mexico Statutes Section 41-2-1. This law states that when the death of a person is caused by the wrongful act, neglect or default of another and is such as would, had death not ensued, entitled the party injured to maintain an action and recover damages, the person or corporation that would have been liable can be held liable notwithstanding the death of the person injured.

Wrongful death refers to the loss of one person’s life due to the negligent, careless, reckless or wrongful act of another person. Negligence means a failure to exercise due care. If the fatal injury or illness most likely would not have occurred were it not for the actions of the other party, that party could be held responsible with a wrongful death claim.

What Can Cause Wrongful Death in Clovis?

Wrongful death may arise out of a negligence-based accident, such as a motor vehicle collision or workplace disaster. It could also occur due to medical malpractice, which is the failure of a medical practitioner to provide the right amount of care to a patient. Intentional torts, or acts of wrongdoing, can also lead to wrongful death. This includes criminal activities such as assault and gun violence.

Who Is Liable for a Wrongful Death in Clovis?

Holding another person or party liable, meaning legally and financially responsible, for the loss of your loved one’s life in Clovis requires evidence. The plaintiff or filing party is given the burden of proof. This means the plaintiff must establish, based on a preponderance of the evidence, that the defendant caused the fatal injury or illness. It is not necessary to prove that the defendant intended to harm or kill the decedent. It simply must be shown that the defendant is more likely to be responsible than not responsible for the person’s death.

The parties that may be held liable for a wrongful death in Clovis include:

A motor vehicle driver
A trucking company
A property owner
An employer or business
A school or school district
A construction company
A product manufacturer or distributor
A doctor or health care center
A government agency

The liable party in your wrongful death claim will depend on the circumstances of your loved one’s passing. The party most responsible for inflicting the injury or illness that ultimately killed your loved one can be named as a defendant in your lawsuit. Identifying multiple defendants with assistance from an attorney can help your family receive maximum financial compensation, as it will provide access to greater insurance coverage.

Types of Damages You Can Recover

A wrongful death claim can deliver justice in the form of a financial award being given to surviving family members and/or the decedent’s estate for related losses. A successful wrongful death lawsuit in Clovis could pay both economic and noneconomic damages to beneficiaries. These damages can reimburse the family for the losses they suffered due to the death. These losses may include:

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The decedent’s final medical bills
The decedent’s pain and suffering prior to death
The family’s grief and mental anguish
Loss of the decedent’s wages and inheritance
Lost contributions to the household
Reasonable funeral and burial costs
Loss of consortium or companionship

In rare cases, the courts in New Mexico may award punitive damages for a wrongful death, as well. Punitive damages are designed to punish the person or entity responsible for causing the victim’s death. They are only awarded in New Mexico if a defendant’s actions were reckless or intentional. An attorney from The Fine Law Firm can help your family understand the potential value of your wrongful death case and pursue the best possible results.

Who Can File a Wrongful Death Claim in Clovis?

According to state law, only the personal representative of the deceased individual’s estate has the legal right to file a wrongful death claim in New Mexico. This may be someone that the decedent named in a will or estate plan as the executor or administrator of the estate. If a personal representative does not already exist (a common occurrence due to the unexpected nature of a wrongful death), the courts will appoint one.

New Mexico Statute of Limitations for Wrongful Death

In New Mexico, the statute of limitations or filing deadline on a wrongful death case is three years from the date of the death, with rare exceptions. If the personal representative of the estate does not file a claim within three years, the right of the family to seek a financial recovery may be lost forever. For this reason, it is important to contact an attorney in Clovis about a potential wrongful death claim as soon as possible.

Speak to a Clovis Wrongful Death Lawyer Today

If you suffered the tragic loss of a loved one and suspect someone of causing the death, contact the lawyers at The Fine Law Firm for a free consultation without delay. We will listen to your loved one’s story and let you know if your wrongful death case has merit. We can explain your family’s rights and legal options, then provide personalized and compassionate legal services throughout the claims process. We are here for you and your family during this difficult time. Call (505) 889-3463 or contact us online to schedule your free case consultation with a lawyer in Clovis or the surrounding areas.