Roswell Wrongful Death Attorney

Let Our Firm Guide Your Family During This Difficult Time

Losing a loved one is devastating—especially when their death was caused by someone else’s negligence or wrongdoing. While no amount of money can make up for such a loss, a wrongful death claim can bring justice and financial relief to surviving family members. At Harmonson Law Firm, our compassionate and experienced Roswell wrongful death lawyers help families throughout New Mexico hold negligent parties accountable and secure the compensation they deserve.

Contact us today at (915) 233-6427 for a free, confidential consultation to discuss your case and learn how we can help.

What Is Wrongful Death?

A wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional actions. Essentially, it’s a personal injury claim that the deceased person could have filed had they survived—only it is pursued by their surviving family or estate.

Common causes of wrongful death in New Mexico include:

• Car, truck, and motorcycle accidents caused by negligent drivers
• Medical malpractice, such as surgical errors or misdiagnosis
• Workplace accidents, including construction or industrial incidents
• Defective products that cause fatal injuries
• Premises liability accidents, such as unsafe property conditions
• Criminal acts like assault or drunk driving

Wrongful death cases not only seek financial recovery—they also help families find accountability and closure after a tragedy.

New Mexico Wrongful Death Laws

Under New Mexico Statutes § 41-2-1, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, or default” of another. The claim must be filed by the personal representative of the deceased person’s estate, not directly by the family. However, the damages recovered benefit the surviving family members according to the law.

Statute of Limitations

New Mexico law typically allows three years from the date of death to file a wrongful death lawsuit. Missing this deadline can result in losing the right to pursue compensation, so it’s important to speak with a Roswell wrongful death lawyer as soon as possible.

Comparative Negligence

New Mexico follows a pure comparative negligence rule, meaning damages can be reduced by the percentage of fault attributed to the deceased. For example, if the deceased was found 20% at fault for an accident, the total compensation would be reduced by that amount. This rule underscores the importance of having experienced legal counsel to build a strong case.

Who Can File a Wrongful Death Lawsuit?

Unlike many other types of claims, a wrongful death lawsuit in New Mexico must be filed by the personal representative (executor) of the deceased person’s estate. However, the beneficiaries—those who receive compensation—depend on the deceased’s family situation.

Here’s how damages are typically distributed:

• If the deceased was married with no children – The surviving spouse receives all compensation.
• If the deceased had a spouse and children – The compensation is divided between them.
• If there is no surviving spouse – The children or grandchildren inherit the award.
• If there are no surviving spouse or children – The parents or next of kin may be entitled to recovery.

If no personal representative was named in a will, the court can appoint one. At Harmonson Law Firm, we assist families with this process and ensure their rights are fully protected.

Compensation for Wrongful Death

While money can’t replace the loss of a loved one, it can help ease the financial strain that often follows a tragedy. A wrongful death claim in Roswell may include compensation for:

Economic Damages

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of the deceased’s income and benefits
• Loss of household services provided by the deceased

Non-Economic Damages

• Emotional pain and suffering of surviving family members
• Loss of companionship, guidance, and support
• Loss of consortium (for surviving spouses)

Punitive Damages

In cases involving particularly reckless or intentional misconduct, punitive damages may also be awarded. These damages are meant to punish the wrongdoer and deter similar behavior in the future.

Our legal team at Harmonson Law Firm thoroughly investigates each case to determine the full value of your claim and pursue maximum compensation on your behalf.

Why Choose Harmonson Law Firm?

At Harmonson Law Firm, we understand the emotional and financial challenges families face after a wrongful death. Our firm is dedicated to providing:

• Personalized legal guidance tailored to your unique situation
• Aggressive representation against insurance companies and at-fault parties
• Transparent communication so you always know where your case stands
• Proven results, with a track record of success in wrongful death and serious injury cases

We take pride in helping families throughout Roswell and the surrounding areas pursue justice with compassion and integrity.

Wrongful Death FAQs

How long do I have to file a wrongful death claim in Roswell?

In most cases, you have three years from the date of death to file a wrongful death lawsuit in New Mexico. However, certain exceptions may apply, so it’s best to consult with an attorney promptly.

Can I file a wrongful death lawsuit if criminal charges are also filed?

Yes. A wrongful death claim is a civil action, separate from any criminal case. Even if a defendant is not convicted criminally, they can still be held civilly liable for damages.

What if my loved one was partially at fault?

Under New Mexico’s comparative negligence law, you may still recover compensation even if your loved one was partly responsible. The damages will simply be reduced by their percentage of fault.

How long will my wrongful death case take?

The timeline varies based on factors like the complexity of the case, the number of parties involved, and whether settlement negotiations are successful. Many cases are resolved within several months, while others may take longer if they go to trial.

Do I need to go to court?

Not always. Many wrongful death claims are settled through negotiations. However, if the other party refuses to offer a fair settlement, Harmonson Law Firm is fully prepared to take your case to court.

Speak With a Roswell Wrongful Death Lawyer Today

If you’ve lost a loved one due to someone else’s negligence, you deserve justice and financial support. Let Harmonson Law Firm help you navigate this difficult process with compassion and skill. Our Roswell wrongful death attorneys are here to protect your rights and pursue the compensation your family deserves.

Call us at (915) 233-6427 for a free consultation.