Wrongful Death Lawyer to Help Claim for Compensation Before Oklahoma Courts
Dealing with the death of a loved one is already painful and difficult. The burden becomes a lot heavier if your loss was caused by violence or an accident which could have been avoided with due care and diligence. In such cases, surviving family members may sue for wrongful death. The application of this law varies from state to state, but in Oklahoma, it can be found in the Statutes Chapter 12, Section 1053.
Instances of Wrongful Death
In the aforementioned statute, wrongful death is defined as “when the death of one is caused by the wrongful act of another.” Several situations come to mind when exemplifying a wrongful death scenario. A fatal car accident is one such example, as well as medical malpractice. Even criminal acts like homicide or murder could also give rise to a wrongful death claim.
Who Can Make a Claim
Since the person upon which the negligence was inflicted is no longer able to make the claim, it can instead be brought forward by a relative or a legally appointed representative of the deceased’s estate. This “personal representative” will be standing in for both the deceased and the heirs or beneficiaries of the deceased’s estate.
In the event that a personal representative is not available or is not willing to serve, then the court may appoint a personal representative so the claim can move along.
What to Expect
To determine what constitutes just compensation, the damages in a wrongful death case will take into consideration several factors. One of these would be the pain and suffering that the deceased endured prior to death. In the case of a medical malpractice, for example, misdiagnosis can render a patient bedridden and in more pain than what is expected given the kind of illness they have. It is from this point in time when the misdiagnosis was made up until the time when the patient passes that will be taken into consideration for the computation.
Another element would be the wages and benefits that could have been enjoyed by the family had the patient survived. Claims for damages may also be filed based on loss of companionship, grief, as well as funeral and burial costs.
What makes an Oklahoma wrongful death lawyer helpful in these cases is that they can make sure that your claims meet the filing requirements. On top of this, however, they can argue to justify why the compensation you seek is pegged at the amount you have indicated.
Their know-how in the field allows them to make their way through the many different legal requirements efficiently and swiftly. Hiring a lawyer experienced in wrongful death claims, such as those from Little, Oliver & Gallagher, will allow you to confidently leave the legal aspects to them. This way, you can take the time to properly grieve your lost loved one.
Wrongful Death Overview. FindLaw.
What Damages are Available in a Wrongful Death Case? NOLO.