Anthony Wrongful Death Lawyer

Experienced Lawyer For Fatal Accident Claims in Anthony, New Mexico

Losing a family member due to a preventable tragedy can be deeply destabilizing. Whether the death was caused by a distracted driver on Interstate 10, unsafe working conditions on a farm, or negligent care at a local facility, the repercussions are likely to impact every aspect of life for surviving loved ones.

While nothing can truly remedy the loss, wrongful death claims serve as a legal mechanism to hold at-fault parties accountable. These cases are about more than compensation—they are about truth, responsibility, and a sense of closure. At James Kennedy, P.L.L.C., we offer tailored legal guidance rooted in compassion and diligence. We will stand by your side as we pursue justice for your loved one.

Guidelines for Filing a Wrongful Death Claim in New Mexico

Wrongful death lawsuits in New Mexico must be filed within three years of the date of the death. This time limit is strict, and failing to file in time can result in the permanent loss of your right to recover damages. However, exceptions may apply, particularly with cases involving government entities or a delayed discovery of the cause of death.

Understanding Eligibility to File a Claim

According to state law, a wrongful death lawsuit must be filed by the personal representative (also referred to as an executor) of the deceased's estate. This person is usually named in the deceased's will, but a court may appoint a representative if no designation exists.

The personal representative will file the claim on behalf of the deceased's statutory beneficiaries, which can include:

• Surviving spouse
• Children or grandchildren
• Parents, if there are no surviving descendants
• Siblings or other close relatives in certain circumstances

Common Wrongful Death Scenarios

While wrongful death cases can arise in many contexts, the unique characteristics of Anthony create a distinct set of risks. Common causes of wrongful death in this area include:

• Agricultural Accidents: Faulty machinery, pesticide exposure, and poorly trained workers can lead to fatal outcomes.
• Vehicle Collisions: With access to Interstate 10 and NM-404, the community sees heavy traffic flow from cars, motorcycles, and semi-trucks. Unfortunately, high-speed crashes and tractor-trailer collisions are a frequent occurrence.
• Railroad Incidents: Accidents involving trains, such as pedestrian fatalities at crossings or vehicle-train collisions, may also form the basis for a wrongful death claim.
• Premises Liability: Fatal accidents, including falls, drownings, or other hazards stemming from a lack of safety precautions, can occur on poorly maintained commercial properties or public facilities.

Our firm has the experience needed to handle the nuanced legal and factual issues that these situations involve. We will work with industry experts and accident reconstruction professionals to fully demonstrate the negligent party's actions.

Financial Compensation Available in Wrongful Death Claims

No financial award can truly replace a loved one, but compensation can help address the burdens that follow a tragic loss. A wrongful death claim can provide relief for various things, including:

• Medical expenses for any treatment, surgery, or care provided before the person's death
• Burial and funeral costs, including transportation and service-related expenses
• The income and benefits the deceased would have provided over their lifetime
• The value of services such as child care, housework, or caregiving
• Mental anguish and grief suffered by surviving family members
• Loss of companionship, especially for spouses, children, and dependents who were emotionally close to the deceased

In extreme cases of intentional or reckless misconduct, like impaired driving or violent acts, punitive damages may be awarded to punish the wrongdoer and deter future misconduct.

Schedule a Free Consultation with Our Anthony, NM Wrongful Death Attorney

At James Kennedy, P.L.L.C., we know that the aftermath of a fatal accident can be overwhelming. We are here to help you navigate your options and provide the compassionate support you deserve during this challenging time. Call 915-544-5200 or contact us online today, and let us help you move forward.