Randy K. Clark

Practice Areas

Wrongful Death & Serious Injury Claims

We have over 30 years experience in state, federal and tribal courts which provide the foundation upon which we serve our clients and their families. We take a hands on approach, tailored to each client and/or their family. We work, live and represent clients here in New Mexico. We do not use billboards, infomercials or other types of mass marketing. Our approach is to make ourselves available to discerning clients, recognizing that we take and maintain a limited case load at any given time so that our clients receive maximum personal and professional attention. Our experience includes handling cases from inception, through trial and appeal if necessary. We have successfully represented the injured, their families and their beneficiaries in a broad spectrum, including but not limited to:

  • Wrongful death cases arising from the negligence, gross negligence and/or recklessness of others
  • Death and injury cases arising from drunk driving crashes (sometimes referred to as DUI or DWI)
  • Motorcycle crashes arising from negligent driving of others
  • Death and injury claims arising from truck crashes caused by negligent driving and/or faulty training, management and maintenance of commercial semi-trucks
  • Wrongful death and serious injury claims arising from medical negligence of health care providers and/or facilities such as hospitals, clinics and nursing homes
  • Wrongful death and serious injury claims arising from the negligence of agencies and/or employees of the U. S. Government & State and Local Governments

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Probate Estates & Litigate Will & Estate Fraud Cases

There are many different types of will/estate fraud. They include, but are not limited to:

  • Misusing a power of attorney to take money from a person's bank account or transfer or dispose of another person's property
  • Destruction of a will to force an estate into intestate succession where state law will dictate the disposition of estate assets in effect overruling the destroyed will so that the deceased person's wishes are not followed.
  • Creating a will by forensic manipulation and/or fraud in order to direct the disposition of estate assets
  • Making fraudulent and/or forged changes to an existing and otherwise valid written will
  • A friend or family member uses undue influence to coerce favorable treatment by changing of will, beneficiary designation or other testamentary documents
  • The personal representative of an estate or trustee of a trust delays prompt administration of the estate/trust while spending estate/trust assets.

About Our Fees: We pride ourselves on our ability to structure attorneys fees in a way that works for you. We can handle estate fraud cases on an hourly basis or we can also consider handling cases on a contingency fee basis or making other alternative fee arrangements.

Contact Us Today for a Free Consultation: If you suspect someone may be committing estate fraud, contact us right away as it is very difficult, if not impossible to recover money once it's gone. We have experience in will/estate fraud cases including having handled them from the investigative/forensic stage all the way through trial. We can help whether you need to contest a will, defend a will contest or have some other will/estate dispute related needs.

Contact us for a free consultation: 575.526.9000

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Corporate/Shareholder Disputes and Small Business Matters

State statutes and case law provide for the rights and procedures to enable the protection of shareholders (also referred to stockholders) in New Mexico businesses. This is especially important to and for minority shareholders. We have experience in corporate dissolutions, minority shareholder claims against majority shareholders and related complex corporate and business matters. These claims can be complex and are often paper and record intensive. We have experience in both state and federal courts in handling these matters as well as the proven ability to assemble and utilize the legal, accounting, forensic and technical resources required to effectively and efficiently maximize the potential outcome for our clients.

Contact us for a free consultation: 575.526.9000

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Complex Litigation :

Success and excellence in litigation requires a broad spectrum of skills and resources: perseverance, intellect, diligence, aggressive pursuit of client objectives and other talents. When the litigation involved can be characterized as "complex," all of these skills remain important, but complex litigation typically requires additional skills, experience and resources that many highly competent attorneys/firms do not possess. Some examples of when litigation can be characterized as complex include:

  • Massive document productions by or to the client
  • Large numbers of potential deponents and witnesses
  • Issues involving complex calculations and large quantities of data
  • Complexity and interrelationship of multiple issues
  • Class actions

This firm is experienced in such litigation. In addition, when necessary, this firm collaborates with other lawyers and subject matter experts experienced in complex litigation, and assembles teams tailored to the particular complex facets of each case. We then utilize the skills of these lawyers in conjunction with the latest technology to achieve efficiency, and—ultimately the most important factor—to deliver results. Some of the particular advantages that RANDY K. CLARK, P.C., brings to complex litigation are as follows:

  • Litigation Support and Pretrial Computer Management Systems
    We have experience in the use of sophisticated litigation support and computer systems and database development and management. We have our own software and hardware systems, fully developed and ready to apply to client needs, without needing to hire external litigation support consultants to spend months designing a workable system. Our graphics, computers and technical equipment are top level. Our approach recognizes that every case is different, and that there are economic trade-offs between possible approaches that only the client can decide. Through technology and our structure we are able to function on a regional, national and if needed, a global basis.
  • Use of Sophisticated Expert Witnesses
    Success in many complex cases depends upon the ability to identify those issues that require expert witnesses, identify the potential experts, evaluate them, and recommend the ultimate selection to our client. We have experience with experts on a local, regional and national basis.
  • Analysis of Masses of Data and Use of Complex Computer Programs
    Some cases involve more than masses of data, such as where there are many claimants or damage issues involving long time periods and multiple variables. The failure to understand and master the pertinent data can seriously damage a client's interests. Early and complete mastery of the data to assess exposure or potential recovery can drive choices regarding settlement versus continued litigation.
  • Trial and Pre-Trial Presentation Techniques
    The typical complex litigation matter today extends the complexity of pretrial and trial preparation into the courtroom. This situation requires trial lawyers to recognize and adapt to current reality. Courtroom technology has advanced at a rapid pace but not all attorneys or firms take advantage of these developments. We understand the new technology, and how it can be employed to advance our clients' interests, while at the same time understand that "high-tech" is not the right answer in every trial situation. We are experienced in using systems that quickly call up pertinent documents on large monitors for the court and jury, and that permit such documents to be annotated in a way that drives home key points. We are experienced in using not only live testimony, but video testimony, and if appropriate, presentation of testimony by video conferencing into court in cases where a witness will not or cannot come to court.
  • Case Management and Resources
    Litigation is expensive. Complex litigation can be particularly so. But overall costs can be controlled by using case management and budgeting techniques and by closely coordinating other litigation counsel and resources as needed. Legal research, too, can be expensive. However, we are set up to minimize this costs with no negative impact on our clients, we can access legal research on all topics from anywhere in the world at any time. Further, the resources to sustain extended and drawn out litigation can be enormous. This firm has experience and the proven ability to do so.

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Insurance Company Failure to Pay, Failure to Defend, Insurance Fraud and Unfair Practices

Insurance companies have duties and obligations to their insureds (policyholders). As an insured person in New Mexico, you are entitled to be treated in accordance with not only the provisions of your insurance contract (policy), but the provisions of state law on claims handling and practices by insurance companies. All insurance companies issuing policies/coverage in New Mexico, must comply with New Mexico law. In some instances, in order to save money, insurance companies place their own interests above that of their insureds (policyholders). This practice is not allowed. Some conduct, which is prohibited by law if without basis, includes:

  • Insurance company failing to communicate with policyholders
  • Delayed response to policyholder questions
  • Denying coverage generally
  • Denying you were a covered person under the policy
  • Denying the loss/property at issue was covered by the policy
  • Repetitive, duplicative or excessive forms and/or procedures being required by the insurance company
  • Requesting additional information or even the same information multiple times
  • Not disclosing to policyholders, coverage that is in the policy
  • Failure to promptly or thoroughly investigate a claim
  • Inadequate claims processing
  • Unreasonable denial of payment
  • Delay in payment
  • Failure to settle an underlying suit against the insured
  • Failure to defend a suit against the insured
  • Claiming you were late paying a premium as a justification for denying coverage

This is but a sampling of conduct that is prohibited by law. All types of insurance policies, including disability, life, homeowner, automobile and accidental death policies require that the insurer act in good faith. If you believe that your insurance company may not be or may not have acted in good faith, you may have legal rights. However, as with all other legal rights, there are statutes of limitations that may bar claims that are untimely. As insurance bad faith law can be complex and insurance companies have resources that virtually no policyholders have, consultation with attorneys experienced in this area is a must.

Contact us for a free, confidential, consultation in this area: 575.526.9000.

Insurance related online resources:

  • FBIC is a private non profit organization focusing on the bad faith conduct of insurance companies.
  • Coalition Against Insurance Fraud
    Information on a variety of insurance fraud topics for both consumers and regulators.
  • The Insurance Journal online publication
  • National Association of Public Insurance Adjusters®
    NAPIA® provides certification and training services for adjusters.
  • For general reading, defining of bad faith, this is the Wikipedia view.
  • National Association of Insurance Commissioners
    The NAIC® is an organization of insurance regulators from the 50 states, District of Columbia and five US territories. The NAIC's mission is to help state insurance regulators in serving the public interest, promoting competitive markets, facilitating fair treatment of consumers, promoting the reliability and financial solidity of insurance institutions and supporting and improving state regulation of insurance.
  • Online resource for "Risk and Insurance Solutions"
  • ABA® Insurance Claims and Issues
    This "blog" discusses issues related to insurance coverage and to the duties of good faith and fair dealing as presented in claims and as ruled on by courts.
  • American Insurance Association
    Site of the American Insurance Association (AIA), which is the leading property-casualty insurance trade organization, representing 350 insurers.

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