hero practice area wrongful death

Wrongful Death Attorneys in Hobbs, NM

“There is no way around grief and loss. You can dodge all you want, but sooner or later you just have to go into it, through it, and hopefully, come out the other side.” – Johnny Cash

The death of a loved one can turn your whole world upside down. But when you believe a loved one’s death was caused by someone else’s carelessness, it adds extra pain, sometimes even anger, to your family’s grief. It’s important in difficult times like these for your family to know your options.

When your family member dies as a result of another party’s careless, reckless, or malicious conduct, we recommend contacting a wrongful death attorney. Our family of trial lawyers at Kemmy Law Firm understands how devastating an unexpected loss is. We also understand how awful it can be to lose someone you love because of another person’s negligence. Your first thought is likely not about suing or seeking compensation – but rather to investigate what happened to your loved, to find out if their death could have been avoided.

Schedule a free consultation about a wrongful death case.

If you believe negligence caused a death in your family, we encourage you to speak with a personal injury attorney about examining your options. This is true whether or not your family member or spouse’s death causes financial harm to the family.

Kemmy Law Firm combines over five decades of experience handling wrongful death claims, and our family of injury lawyers is passionate about getting justice for victims. A tragic loss can mean financial insecurity and tremendous suffering, but with a strong advocate, you and your family can have an independent investigation, ensure accountability through full and fair compensation, and have a meaningful way to move forward. We use our knowledge, experience, and resources to work for families like yours in difficult situations like these.

There are no upfront costs and you owe nothing unless we win compensation for you.

(575) 222-8549

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.

Discover Who We Are
video play button

Why Choose Kemmy Law Firm for Your Wrongful Death Case?

Choosing the right law firm to handle your wrongful death case is difficult. There are many firms to choose from in New Mexico. But we believe there are several factors that set Kemmy Law Firm apart.

We are a family-owned and -operated law firm. We choose to come into work with our loved ones and are committed to treating every client as part of the Kemmy family. We are also careful not to take on too many cases. Instead, we prioritize quality over quantity. We want to be sure we have plenty of time to dedicate to each case, ensuring we never rush or miss something important. By intentionally limiting our caseload, we make each client feel like our only one.

The Kemmy Law Firm is passionate about truly helping our clients in difficult times. Many other wrongful death attorneys want to help, but also want to resolve your case quickly and move on to the next.

We put your interests above our own and want to obtain the best possible outcome that holds negligent businesses and individuals responsible for their actions.

When it comes to choosing a wrongful death lawyer, it is best to work with someone who has handled similar cases in the past. Given that, between u, we have over 50 years of experience, we have seen and handled it all.

We have also been able to build strong relationships with various medical, vocational, economic, accident reconstruction, engineering, and other industry experts. When complicated and contentious cases arise, we can reach out to highly knowledgeable, educated, experienced, and articulate professionals who can support your claim.

New Mexico Wrongful Death Cases We Handle

Our wrongful death attorneys at Kemmy Law Firm represent families following:

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.

Find a wrongful death attorney

Contact Kemmy Law Firm
Awards & Associations
Million Dollar Advocates Forum Logo
Recognizes the 1% of lawyers who have obtained a jury verdict or award of one million dollars or more.
Super Lawyers Logo
Identifies outstanding and highly regarded lawyers with significant professional achievements.
Texas Board of Legal Specialization Logo
Certifies that a lawyer has substantial experience in select areas of law, completed continuing legal education, and passed a rigorous exam.
Top100 TopVerdict.com Logo
Awarded to U.S. law firms and attorneys with one of the highest jury verdicts, settlements, or awards in the Nation.
Multi-Million Dollar Advocates Forum Logo
Reserved for the top trial lawyers in America, who have won multi-million dollar verdicts and settlements.
Avvo 10 Rating Top Attorney Badge
Lists the best local attorneys in your area with important details about their skill and experience.
Expertise best car accident lawyers in Odessa 2021 image
Awarded to the best local experts, scored on more than 25 variables across five categories, and analyzed the results.
NTL Top 100 logo
The National Trial Lawyers Top 100 Trial Lawyers.

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.

Wrongful Death Compensation

New Mexico allows certain family members to recover compensatory and exemplary damages. Compensatory damages and intended to compensate you for your physical, psychological, and financial injuries.

Compensatory damages often include:

  • Medical expenses your loved one incurred between the date of the accident and their date of death;
  • Funeral and burial expenses;
  • Your loved one’s pain and suffering between the date of the accident and date of death;
  • Loss of your loved one’s financial contributions to the household;
  • Loss of future inheritance;
  • Loss of your loved one’s companionship;
  • Loss of your spousal relationship; and
  • Your mental anguish.

Exemplary damages are also known as punitive damages, and they are meant to punish the wrongdoer. There is no cap on how much you can receive for punitive damages. However, defendants have been known to appeal large punitive damage awards and succeed in having them reduced.

Only certain individuals are entitled to receive wrongful death compensation. New Mexico law states:

  • If your loved one left behind a surviving spouse and no children, then the spouse receives the compensation.
  • If your loved one left behind a surviving spouse and a child or grandchild, then the spouse receives one-half of the compensation, and the remaining compensation is divided among the children and grandchildren of any deceased children.
  • If your loved one did not leave behind a spouse, but a child or grandchild, then the children and grandchildren receive the compensation.
  • If your loved one was a minor, who was unmarried and had no children, then the parents receive equal portions of the compensation.
  • If your loved one left no surviving spouse, parent, child, or grandchild, then a surviving sibling receives the compensation.

When you pursue a wrongful death claim, you want to be confident in the value of your case. A wrongful death lawyer from Kemmy Law Firm will carefully document your expenses, including medical, funeral, and burial bills, and financial losses, including the loss of a parent or spouse’s income.

We will consider all of your emotional and intangible losses. A spouse that is not there for a child’s birthday, a brother who is not there at the Sunday barbecue: these kinds of losses – the loss of the human person and the relationship – outweigh the harms to the family’s finances. Because we believe that every loss must be taken into account, we fully prepare your case to show intangible losses as well.


When you put clients first, they notice.

They fought for us as if they were fighting for their own family.


If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

Wrongful Death Claims in New Mexico

The process of pursuing wrongful death compensation goes through multiple phases:

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.

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.

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.

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.

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.

New Mexico Wrongful Death Statute of Limitations

New Mexico gives you three years to file a wrongful death lawsuit. The clock starts to run on the date of your loved one’s passing.

Our Verdicts and Settlements
Speak for Themselves
New Mexico Oil Field Worker Suffers Back Injury

We obtained a $2 Million settlement for a New Mexico Oil Field worker.

18-Wheeler Parks on Side of Road and Causes Catastrophic Injury

We recovered a confidential 7 figure settlement (in the millions) for a West Texas family man.

Child Suffers Closed Head Injury at Amusement Park

The Kemmy lawyers secured a $2.3 Million settlement.

Permanent Brain Injury

The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.


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.

(575) 222-8549
Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Kemmy Law Firm, P.C. Icon Kemmy Law Firm, P.C.

1601 North Turner Street Suite 417, Hobbs

5.0 12 reviews

  • Avatar R N ★★★★★ 2 months ago
    Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
  • Avatar Manuel Arteaga ★★★★★ 2 months ago
    We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
  • Avatar Cynthia Garza ★★★★★ 9 months ago
    This law firm is professional , diligent and cares about their client. They were
    able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded
    … More in a timely fashion to all correspondence .
  • Avatar Stuart Kunkel ★★★★★ 10 months ago
    I should have called Kemmy Law Firm, P.C. first
    For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
    I spoke to 10 different attorneys and nobody could help
    … More me.
    Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
    The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
  • Avatar Jerry Guillen ★★★★★ 10 months ago
    Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

Contact Kemmy Law Firm Today

(575) 222-8549 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.