Albuquerque Wrongful Death Lawyer Serious Injuries Deserve Serious Representation
Albuquerque Wrongful Death Attorney
Providing Trusted Counsel to Families of Wrongful Death Victims in Bernalillo County
It can be a struggle to find closure when age or illness takes your loved one. If you lose your family member in a fatal accident, however, managing grief may be just one of many concerns you face during this emotional time. An accidental death can cause unexpected expenses and other unplanned responsibilities. You do not have to face these issues alone.
At Law Office of Nathan Cobb, we use the law to right injustices after a wrongful death. Our attorney is an experienced litigator ready to serve as a compassionate yet aggressive advocate for families throughout New Mexico. We can provide comprehensive guidance and support throughout each stage of the legal process and are prepared to fight for you in court to get you the full and fair compensation you and your loved ones need to move forward.
Have you lost a loved one due to negligence? Call the Law Office of Nathan Cobb (505) 572-1160 or contact us online to speak with our wrongful death lawyer in Albuquerque!
When the Stakes Are High,
Trust Our Proven Record of Success
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Award-Winning RepresentationRecognized on the prestigious New Mexico Rising Stars list by Super Lawyers magazine every year since 2017.
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Over 15 Years of ExperienceOur 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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Client-Centered Legal SupportWe're focused on your recovery—financially and personally—so you can move forward with your life.
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Free Case Consultation – No RiskTaking the first step toward resolution costs you nothing. We offer a free consultation to assess your legal options.
What Is Considered a Wrongful Death in New Mexico?
In New Mexico, “wrongful death” is defined as an avoidable fatality resulting from the negligent, reckless, or intentional actions of another party. Under state law, a wrongful death claim can arise from various situations, including vehicular accidents (including those involving cars, trucks, motorcycles, buses, trucks, rideshares, pedestrians, and bicycles), premises liability incidents, and defective products that result in fatal injuries.
To win a wrongful death case in New Mexico, the plaintiff must demonstrate that the defendant’s actions or omissions directly contributed to the victim's death. This involves proving duty of care, breach of that duty, causation, and damages.
At Law Office of Nathan Cobb, we are familiar with the nuances of New Mexico’s laws and legal systems surrounding wrongful death and leverage this comprehensive understanding when building cases for our clients. If you are not sure whether your family has a wrongful death case, we can evaluate the details of your situation and advise you of your legal options.
Who Can File a Wrongful Death Lawsuit in New Mexico?
In some states, immediate surviving relatives of the wrongful death victims are allowed to take legal action on behalf of the deceased. This is not the case in New Mexico. Only the personal representative (also known as the executor) of the victim’s estate has the right to bring a wrongful death lawsuit.
If the deceased had an estate plan, they would most likely name the personal representative of their estate in their will. If the deceased passed away without a will or if their preferred personal representative is unable or unwilling to take on the role’s responsibilities, the court will appoint an individual to serve—typically a close surviving family member.
Seek justice for your loved one with the help of our Albuquerque wrongful death lawyer. Contact the Law Office of Nathan Cobb today to get started!
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Compensation for Wrongful Death in New Mexico
A wrongful death lawsuit allows your family to hold the responsible party accountable for your loved one’s passing, as well as seek compensation to help cover the consequences of your unimaginable loss. No dollar amount is going to make up for the death of your loved one, but you shouldn’t have to worry about how you will manage the financial realities that come with the sudden and unexpected loss of a family member.
Depending on the circumstances of your case, our Albuquerque wrongful death attorney may seek maximum compensation for many types of damages, including:
- Medical and funeral expenses. A wrongful death claim can recover the costs incurred for the medical treatment of the deceased prior to death, as well as funeral and burial expenses. This helps alleviate the financial burden these unexpected costs can place on your family.
- Lost wages and benefits. You and your family can claim the income the deceased would have reasonably earned if they had lived. This includes wages and benefits like retirement contributions or potential bonuses.
- Loss of companionship and consortium. This compensates your family for the loss of your deceased loved one’s companionship, love, and affection. It acknowledges the void left by the deceased in the lives of their close relatives.
- Emotional suffering. You and your family can receive compensation for the emotional pain and suffering you have endured due to the loss. This compensation category recognizes the deep emotional impact such a loss can have.
- Punitive damages: In cases where the defendant’s actions were especially egregious, malicious, or deliberate, the court may award punitive damages. These are not tied to specific losses of your family but serve as a punishment for the defendant and a deterrent against similar conduct.
The insurance company representing the defendant in your case may offer you what seems like a substantial settlement in the days or weeks after the loss of your loved one. You should never accept any money or sign anything without consulting a legal professional. Insurance companies generally look to pay out as little as possible, and while getting financial support quickly may be tempting as you grapple with the consequences of the loss, the offer likely does not provide the compensation you and your family truly deserve.
At Law Office of Nathan Cobb, we can help calculate the full amount you are entitled to under the law. We are unafraid to go to trial to fight for a just outcome.
Statute of Limitations for Wrongful Death Lawsuits in New Mexico
Under New Mexico law, the statute of limitations for filing a wrongful death lawsuit is three years from the date of the victim’s death. Note that the date of death is distinct from the date of an accident in which the victim sustained fatal injuries. For example, if someone were to suffer catastrophic injuries in a car crash but did not pass away because of those injuries until several weeks later, the personal representative of their estate would have three years from the later date to bring their lawsuit.
Missing this deadline will generally prevent you from pursuing your claim or recovering compensation, so do not wait to discuss your case with our Albuquerque wrongful death lawyer. We can handle the legal proceedings so you and your loved ones can focus on mourning and moving forward.
Don’t wait to seek justice for your loved one. Contact our wrongful death lawyer in Albuquerque to schedule a FREE consultation!
