Wrongful Death Lawyer Costs in New Mexico, Explained Plainly

How much does a wrongful death lawyer cost? The short answer

A wrongful death lawyer’s cost depends on the fee agreement you sign. That written agreement sets out how the lawyer’s fee is figured and which costs sit apart from it.

This page walks through how those agreements are usually built, which costs can be separate, and which questions to bring to a first meeting. For the wider picture, read the New Mexico wrongful death guide.

El Gringo Law offers a free first consultation that is confidential and carries no obligation to continue.

Grief and paperwork often arrive together. A family may be planning a funeral, gathering a crash report, and taking insurance calls, all while trying to understand a fee. Taking the terms one step at a time makes them easier to follow.

How wrongful death fee arrangements are usually written

Most fee terms appear in a written agreement that the client signs. Under New Mexico’s fee rules, a contingent fee agreement must be in a signed writing. It must also state how the fee is figured, including the percentage that applies to a settlement, trial, or appeal (Rule 16-105 NMRA).

Under a contingency arrangement, the fee is tied to money recovered rather than billed by the hour. Under the same rule, whether a fee is fixed or contingent is one factor in judging whether the fee is reasonable.

Ask the lawyer to show you each percentage in writing. Ask when it applies. Also ask whether expenses come out of the recovery before or after the fee is figured, because the agreement must say that too.

A common mistake is signing before reading the expense terms. Another is assuming the fee and the costs are the same thing. Read the full agreement before you sign. Take your time, and bring a trusted person to the meeting if that helps.

Court costs and litigation expenses: what can be separate from attorney fees

Court costs and litigation expenses are often separate from the attorney fee. A contingency fee does not automatically cover every cost of a case.

The client may be responsible for court costs and the expenses of litigation, even if nothing is recovered. The signed agreement must clearly say which expenses the client will owe, whether or not the client prevails (Rule 16-105 NMRA).

Litigation expenses can include items such as filing fees, the cost of getting records, and fees for experts who review the evidence.

Some lawyers advance these costs. Under Rule 16-108 NMRA, a lawyer may advance court costs and litigation expenses, and repayment may be contingent on the outcome of the matter.

That is different from financial help. The same rule generally bars a lawyer from giving a client financial assistance in connection with pending or contemplated litigation, with narrow exceptions. Living costs, rent, and medical bills are not part of a fee agreement.

When a contingent fee matter ends, the lawyer must give the client a written statement of the outcome, and if there is a recovery, it must show the amount paid to the client and how it was figured (Rule 16-105 NMRA). Ask how costs will be itemized and reported to your family along the way.

What affects the cost and the value of a wrongful death case

No single number answers what a wrongful death case costs or what it is worth. Much of this depends on the facts of each case.

Facts that often matter include how the death happened, what evidence exists, who may be responsible, what insurance is involved, and whether the case resolves before trial. Timing also varies with evidence gathering, insurance responses, and court calendars.

New Mexico law lets a jury award damages it deems fair and just. The jury may give compensatory and exemplary damages it deems fair and just, taking into consideration the pecuniary injury resulting from the death to the surviving party entitled to the judgment, and having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default (NMSA § 41-2-3).

Wrongful death damages can be separate from loss-of-consortium damages in some situations. The jury instruction committee notes that point (UJI 13-1830 NMRA). The committee commentary to New Mexico’s wrongful death instruction, UJI 13-1830 NMRA, explains that revisions were recommended to further clarify the separate nature of wrongful death damages and loss of consortium damages in situations where the personal representative is also a loss of consortium claimant.

A lawyer can talk through how these points may apply to your family during a consultation. That conversation is about your facts, not a number.

Who can bring a wrongful death claim and when it must be filed

Under the statute, wrongful death actions must be brought by and in the name of the personal representative of the deceased person (NMSA § 41-2-3). The statute also says that, provided the decedent left a spouse, child, father, mother, brother, sister, or child or children of the deceased child, the judgment proceeds are not liable for the deceased person’s debts. The proceeds go to the survivors the statute lists, starting with a surviving spouse and children.

Every action instituted by virtue of the provisions of this and the preceding section (41-2-1 NMSA 1978) must be brought within three years after the cause of action accrues, and the cause of action accrues as of the date of death (NMSA § 41-2-2). The cause of action accrues as of the date of death (NMSA § 41-2-2).

Other rules can affect timing, so raise your dates early in your first conversation.

A wrongful death claim is separate from probate, the court process for settling a person’s estate. The two can overlap, so ask how they fit together in your situation.

Questions to ask about fees at a first consultation

Write these questions down before you meet. Each one should get a plain answer.

1. How is the fee figured, and what percentage applies to a settlement, trial, or appeal?
2. Which court costs and litigation expenses are separate from the fee?
3. Are expenses deducted before or after the fee is calculated?
4. What would my family owe if the case ends with no recovery?
5. Who is the responsible lawyer, and how will costs be reported along the way?

Ask for the written agreement and take it home. Review it before you decide anything.

Frequently asked questions

Talk with El Gringo Law about your family’s situation

If you are reading this for a parent, spouse, or child, you may be dealing with a fatal car crash, a trucking crash, a death on someone else’s property, or a death linked to negligent security. You may also be facing a crash report and forms you have never seen.

Josh Wood, licensed in New Mexico and Arizona, is the responsible lawyer for this page at El Gringo Law. You can find the firm at elgringolaw.com.

Our team can walk through the fee terms in your family’s situation with you, in plain language. Contact El Gringo Law when you are ready to talk.