Serving Texas & New Mexico Since 1978
Wrongful Death

The Roswell wrongful death lawyers of Trenchard & Hoskins can help you file a claim and recover compensation. We will identify who is to blame and hold them responsible for their actions.

Roswell Wrongful Death Attorneys

Wrongful Death Claims in New Mexico

We offer our condolences if you have lost a loved one due to negligence. We understand that no amount of money can ever truly correct the effects of negligence that you and your family have suffered. However, filing a wrongful death claim can ensure that all related expenses are covered and that your loved ones are cared for financially.

Call (575) 214-3888 or complete our contact form to schedule a free consultation with our legal team.

What is Wrongful Death?

The term “wrongful death” describes an incident in which the negligence of a person or entity causes another person’s death. The causes of wrongful death may include car accidents, work accidents, and other incidents. By filing a wrongful death claim, the people who have been affected by the death can recover compensation for their losses.

Who Can File a Wrongful Death Claim in New Mexico?

The rules that govern who can file a wrongful death claim vary by state. In most states, wrongful death claims can only be filed by the people who are most significantly impacted — both emotionally and financially — by the victim’s death. Often, the right to file a wrongful death claim is reserved for the deceased person’s immediate family.

In the state of New Mexico, wrongful death claims can only be filed by the appointed representative of the victim’s estate. The representative may be a family member such as the deceased person’s spouse. Or, the court may appoint a representative if there is no representative who has been appointed.

There are several parties who may receive the damages recovered through a wrongful death claim. The specific family members who can recover damages will vary depending on the deceased person’s unique family situation.

The spouse and children of the deceased person are the primary parties who can receive compensation through a wrongful death claim in New Mexico. This is true in most states. Damages may be paid exclusively to one party or the other (e.g. the spouse or children), or may be divided between the parties.

If the deceased person was not married or did not have any children at the time of their death, damages will be paid to the victim’s parents. This is also common in wrongful death cases in which the victim is under the age of 18.

Wrongful death damages are paid to the deceased person’s siblings if they are not married, have no children, or have no surviving parents. It may be possible to allot compensation to an alternative party if the deceased person also does not have any surviving siblings.

Wrongful Death Statute of Limitations

In addition to the regulations on who can file a wrongful death claim in New Mexico and who is able to collect damages, there are also laws which govern the time limit in which a wrongful death claim must be filed. In New Mexico, wrongful death claims must be filed within three years of the victim’s death. Any claims that are filed outside of the statute of limitations will likely be denied.

Send us a message or call (575) 214-3888 for a free consultation with our wrongful death attorneys in Roswell.

We Are Available for Free Consultations

Contact us today to discuss your case and learn more about how we can help you. We are here to serve as a support system and represent your rights during this difficult time.

Contact us today for immediate help!

Wrongful Death Claim Damages

Wrongful death claim settlements and verdicts cover the costs that have directly resulted from the victim’s death. Additionally, a wrongful death settlement or verdict may include compensation for non-economic damages. Non-economic damages are the intangible effects of negligence, such as pain and suffering and emotional distress.

Let Our Team Fight For What You Deserve

Why Choose Trenchard & Hoskins?

  • Speak Directly with Your Lawyer

    We are a small firm dedicated to helping the people of New Mexico and Texas. When you work with us, you speak directly with the lawyer handling your case.

  • Personal Knowledge of Oilfield Cases

    One of our firm's partners, Royce Hoskins, grew up working in oilfields and knows the ins and outs of oilfield injuries and how to fight on your behalf.

  • Proven Record of Success

    Our lawyers have won millions of dollars for our clients, helped pass laws that protect workers, and have successfully handled over 2,600 Workers' Compensation claims.

  • Decades of Experience

    Our attorneys have been fighting for workers and injured victims since 1978 and have the knowledge, dedication, and drive to fight until the very end.

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We Are Ready to Fight for You!
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