South Valley Wrongful Death Attorney
Let Our Firm Help You & Your Family
The unexpected loss of a loved one is heartbreaking, especially when it results from someone else’s negligence or wrongdoing. If you are dealing with the aftermath of such a tragedy in South Valley, NM, the Law Office of Nathan Cobb is here to help. As a dedicated South Valley wrongful death lawyer, Nathan Cobb is committed to seeking justice for grieving families and holding responsible parties accountable. Let our firm help you and your family through this difficult time.
Call (505) 572-1160 or fill out our online contact form today to schedule a free initial consultation.
What is Considered Wrongful Death?
In New Mexico, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another party. Essentially, if the deceased would have had grounds to file a personal injury lawsuit had they survived, the death may be considered wrongful. Examples include:
- Fatal car accidents caused by reckless or impaired drivers
- Medical malpractice, such as surgical errors or misdiagnoses
- Defective products leading to fatal injuries
- Workplace accidents resulting from unsafe conditions
- Criminal acts, including assault or manslaughter
To succeed in a wrongful death claim in New Mexico, you must establish the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased. For instance, drivers have a duty to operate vehicles safely, and doctors must provide competent medical care.
- Breach of Duty: The defendant breached this duty through negligence, recklessness, or intentional misconduct.
- Causation: The breach of duty directly caused the death of your loved one. This means demonstrating a clear connection between the defendant’s actions and the fatal incident.
- Damages: The death resulted in quantifiable damages, such as funeral costs, lost income, and emotional suffering.
Who Can File a Wrongful Death Lawsuit in New Mexico?
Under New Mexico law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative is typically named in the deceased’s will or estate plan. If no representative is designated, the court may appoint one.
The compensation from a wrongful death claim is distributed to the deceased’s surviving family members according to New Mexico’s laws of intestate succession. Generally, this includes:
- The spouse and children of the deceased
- If there is no spouse or children, the deceased’s parents or siblings may be eligible
Compensation for Wrongful Death
A wrongful death lawsuit seeks to compensate surviving family members for the financial and emotional losses resulting from their loved one’s death. In New Mexico, eligible damages may include:
- Economic Damages: These include measurable financial losses, such as medical bills, funeral and burial expenses, and the loss of the deceased’s income and benefits.
- Non-Economic Damages: These address intangible losses, such as emotional distress, loss of companionship, and the pain and suffering experienced by the deceased before their death.
- Punitive Damages: In cases of gross negligence or intentional misconduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior.
Why Choose the Law Office of Nathan Cobb?
When dealing with a wrongful death case, you need a compassionate and skilled attorney who will prioritize your family’s best interests. Here’s why the Law Office of Nathan Cobb is the right choice:
- Personalized Attention: We treat every client with the respect and care they deserve, taking the time to understand your unique situation.
- Proven Results: Nathan Cobb has a track record of achieving successful outcomes for families in wrongful death cases.
- Local Expertise: As a South Valley wrongful death lawyer, Nathan Cobb is deeply familiar with the laws and courts in New Mexico.
- Contingency Fee Basis: We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact us today at (505) 572-1160 to let our firm fight for you while you take care of your family.
When the Stakes Are High,
Trust Our Proven Record of Success
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Recognized on the prestigious New Mexico Rising Stars list by Super Lawyers magazine every year since 2017.
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Our commitment to achieving the best results has shaped a strong track record of successful outcomes, even in the most challenging situations.
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We're focused on your recovery—financially and personally—so you can move forward with your life.
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Taking the first step toward resolution costs you nothing. We offer a free consultation to assess your legal options.
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