We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
Wrongful Death Claims in New Mexico
The process of pursuing wrongful death compensation goes through multiple phases:
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Investigation and Analysis:Before negotiating a settlement with an insurer or filing a lawsuit, you need proof of the other party’s fault and your damages. The first phase is to have a wrongful death attorney thoroughly investigate the fatal accident then analyze the available evidence. Your accident lawyer can then provide thorough and candid advice regarding the strength and value of your claim.
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The Insurance Claim:Not all at-fault parties have insurance, but many do. If a business was at fault, it should have liability insurance. If a driver was at fault, they should have auto insurance. If a negligent doctor was at fault, they should have malpractice insurance. An insurance claim attorney will deal with communicating with the insurer, including providing evidence of the policyholder’s fault and your injuries.
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The Wrongful Death Lawsuit:Filing a lawsuit is important for several reasons. During litigation, we can use the discovery process to obtain additional information. This evidence may be vital to proving your case. The information also may help us identify weaknesses and plan to combat certain defenses. Filing a lawsuit shows the insurer you are serious about recovering full and fair compensation for your loss. It also gives you another opportunity to obtain compensation if a settlement is unavailable.
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Settlement Negotiations:Once discovery is complete, we typically enter into negotiations with the at-fault party’s insurer. We may go back and force with the insurer several times. Whether or not it is easy to reach an agreement depends on the complexity of your case and the strength of the evidence against the policyholder. It also depends on how much you and the insurer disagree on the value of your damages.
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Trial:When we are unable to obtain a wrongful death settlement, the only other way to pursue compensation is to take your case to trial. At Kemmy Law Firm, we are experienced and aggressive litigators. We are not afraid to fight for your right to compensation before a jury.
Do You Need a Wrongful Death Lawyer in Hobbs?
If you believe a loved has died because of another person or business’s careless conduct, the only appropriate way to determine what to do next is to speak with an attorney experienced in handling wrongful death claims.
Under New Mexico law, a wrongful death claim arises when an individual’s death is the result of another party’s wrongful act, neglect, or failure to act. Had your loved one not passed away from the negligence or other wrongful conduct, they would have been entitled to pursue a personal injury lawsuit.
In many states, a deceased individual’s closest relatives can file the lawsuit. This typically includes the spouse, children, and parents. However, in New Mexico, the personal representative of your loved one’s estate must file suit on behalf of the surviving relatives.
When you are pursuing wrongful death compensation, consider the injury lawyer that benefits you the most.
You may hope to receive a fair settlement offer, and it is true that many injury and death claims are resolved through pre-trial settlements. But do not ignore the possibility of litigation. It only benefits you to have an attorney with real trial experience review any potential settlement offers.
Most quick settlement offers are less than the full value of your claim. Only by working with an experienced wrongful death lawyer will you be able to determine if a settlement is fair or too low.
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Our Wrongful Death Lawyers Will Identify Who’s Responsible
Following a fatal accident, you may suspect that someone else’s careless, reckless, or malicious conduct is to blame. But your gut feeling is far different than proof. You need evidence of the other party’s conduct and a direct link to the accident and your loved one’s death.
Our wrongful death attorneys are highly experienced in collecting and preserving evidence. We independently investigate all of the fatality cases we take on.
We begin by gathering any police or incident reports, photos, videos, and eyewitness statements. We comb through public records to learn more about the other party’s backgrounds. If you believe a business is at fault, we will look into whether the business has been found responsible for other people’s injuries or deaths before.
However, conducting an in-depth investigation is difficult when a great deal of information is under the other party’s control. This is typical when the at-fault party is a business or government entity. Under these circumstances, we may recommend filing a wrongful death lawsuit as soon as possible. This way, we can fully utilize the discovery process and gather additional evidence.
You have to prepare for the responsible party to defend themselves. A business or individual and their insurer may claim your loved one was partly or fully to blame. They may say your relative was also negligent, which limits their own liability.
Regardless, we will scrutinize your wrongful death case and prepare for all possible defenses. From there, we will aggressively fight for you and the deceased.
New Mexico Wrongful Death Cases We Handle
Our wrongful death attorneys at Kemmy Law Firm represent families following:
- Fatal car accidents
- Fatal truck accidents
- Fatal work-related accidents
- Fatal medical malpractice
- Fatal oilfield accidents
- Fatal daycare neglect
- Fatal nursing home negligence and abuse
- Fatal defective and dangerous product accidents
Handling a claim that resulted in a person’s death is not the same as handling a typical personal injury claim that resulted in moderate or serious injuries. When your loved one has passed away, you need a wrongful death attorney with specific experience handling wrongful death cases—not an attorney who focuses on solely personal injury cases.
There are nuances and complexities to wrongful death cases that a personal injury lawyer may not be fully prepared for.
We Take Wrongful Death Cases to Trial and Win
At the Kemmy Law Firm, you can be confident that your wrongful death claim is being handled by skilled litigators and dedicated legal professionals. We do not push clients to accept low settlement offers, and we make sure you know what’s happening at every stage of your case.
When you work with one of our wrongful death lawyers in Hobbs, NM, you will have someone who is ready to handle your case from start to finish and through a trial if necessary.
Though we can never guarantee a specific outcome, we are proud of our record of success in getting justice for clients who lost loved ones. And when we demand compensation, we seek the maximum amount possible for you and your relatives’ loss and injuries.
Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297
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"You could not hire a better attorneys than the Kemmy's."
My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!
- Colleen B. -
"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
- Dora M. -
"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P. -
"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P.
