Carlsbad is located in Eddy County and has a population of about 26,000 people. It is located at the center of Routes 62/180 and 285. Additionally, it is part of the Carlsbad-Artesia Micropolitan Statistical Area. Carlsbad is best known for its potash mining, petroleum production, and tourism industries. The city has two potash mining companies, both of which employ a significant amount of people from the city. Demographically, it is 77 percent white and 42.5 percent Hispanic or Latino.
Wrongful death occurs when someone dies due to the negligent or reckless acts of another person. New Mexico defines wrongful death as a death caused by the wrongful act, neglect, or default of another. A wrongful death claim must be filed by the personal representative of the deceased person’s estate. This personal representative is usually the surviving spouse; however, it can also be an adult sibling. If an estate plan doesn’t name a personal representative, one can be named by the court.
The personal representative is responsible for filing the wrongful death claim on behalf of the decedent. However, this does not mean the personal representative obtains the damages gotten by the lawsuit. Depending on the specific situation, damages are awarded in different ways. For example, if there is a surviving spouse but no children, all damages awarded will go to the spouse. If there are children involved, the damages are divided into halves. One-half will go to the surviving spouse, and the other half will go to the children (or grandchildren). Wrongful death damages can encompass a wide variety of costs, including:
If your loved one has been wrongfully killed, consulting an experienced wrongful death attorney can assist you in obtaining the damages you and your loved ones deserve. The Law Office of Samuel I. Kane has been handling wrongful death cases for many years and has secured many positive settlements and jury verdicts. For an initial consultation, we welcome your call to our Carlsbad area office at (575) 454-4273.