Wrongful Death Claims
Your Wrongful Death Claim and How We Can Help Dealing with any death is hard enough, especially if the deceased loved one died suddenly and unexpectedly. What is even harder is dealing with a death that could have been prevented. Death resulting from negligence, recklessness or misconduct leave little comfort for those who are left behind when a person dies. This is the reason why wrongful death lawsuits are filed in court, so that grieving families receive the justice and compensation owed to them. These suits are also filed so that instances of negligence and recklessness that could be life-threatening are not repeated. If you are planning on filing a wrongful death claim, read on to learn the basics about what kind of claims you can file in Oklahoma and how working with a wrongful death attorney can help you get the just compensation you and your loved ones deserve. What is a wrongful death claim? A wrongful death claim is a claim filed with the court when a negligent or wrongful act resulted in a person’s death. This claim is often filed by the surviving family members of the victim. If the deceased has no next of kin, his or her estate can file the suit for damages. The claim is made to recover compensation or monetary damages for any losses suffered, including the financial, emotional, psychological, and mental harm that the death has caused. Common Wrongful Death Cases There are various grounds for a wrongful death claim. These include: Medical malpractice Vehicular accidents Job-site accidents Deaths caused by defective drugs, products, equipment Negligence Wrongful death Claims in Oklahoma Oklahoma state laws allow family members to file wrongful death claims within two years from the date of the accident that claimed the life of the victim. The suit allows family members to claim for both tangible and intangible damages, such as financial support and compensation for medical and funeral expenses, house payments, car payments, and the like. Under state law, the closest relative has the option to file a suit. This could be a spouse, a son or daughter, or in the absence of these, parents, or siblings. Under Oklahoma Statute 12-1053, there are several recoverable actions through which plaintiffs can file a claim. For example, they can file wrongful death suits for loss of future income, especially if the victim was a primary breadwinner. Compensation from a wrongful death can help surviving family members financially recover after the death that was preceded by a lengthy hospital stay and costly medical care. Plaintiffs can file wrongful death suits for compensation of medical expenses, funeral costs, past lost income, and expenses arising from a physical disability. They can also claim property damages and compensation for pain and suffering. Punitive damages can also be included which are intended to punish the wrongdoer. Oklahoma laws do not put a cap on non-economic damages that plaintiffs can claim or receive. Non-economic damages refer to compensation for grief, loss of companionship, mental or emotional anguish suffered as a result of the wrongful death. Why Work with A Wrongful Death Attorney It is important to work with a wrongful death lawyer skilled and experienced in Oklahoma wrongful death laws especially since you need to abide by technical limitations. According to state law, plaintiffs only have two years to file a claim. Beyond this statute of limitations, plaintiffs are barred from filing a wrongful death claim even if the grounds are clearly present. A lawyer can ensure that plaintiffs are not deprived of compensation due to technical lapses like these. A lawyer can ensure that your case is supported by sufficient documentary and other types of evidence so you can file a strong claim. He or she can also advise you on the advantages of waiting for a court judgment versus opting for a settlement depending on the specific facts of your case. Filing a wrongful death is the first step towards getting the compensation you and your family deserve. A wrongful death attorney can advise you of your rights, examine your case to determine if it can stand up in court, and help you build a solid case for maximum compensation. For example, they have access to experts and consultants who can determine how the wrongful action led to the death and why you as the surviving family members are entitled to damages. For more information contact one of our experienced wrongful death attorneys today. In Oklahoma City call 405-253-4478 or our main office in Ardmore at 580-798-0447. You can also complete our case evaluation form and one of our attorneys will contact you to help.
Reasons to Work with a Medical Malpractice Attorney in Oklahoma
Hundreds of thousands of people seek medical and surgical relief from hospitals and clinics all over the United States in any given year. And while doctors, nurses and other medical health practitioners are trusted to provide the expected level of care that their profession demands, it is also true that errors and negligence can and do occur in medical settings. In fact, a study by Johns Hopkins University revealed that more than 250,000 patients die annually in the US due to negligence and medical malpractice. Medical Malpractice in Oklahoma: Where Can It Occur? Medical malpractice situations can occur in settings where medical or health care is provided, especially as a paid service. This includes settings like: Hospitals Emergency Rooms Operating Rooms and Surgical Suites Family Medicine Offices Outpatient Centers Community Health Care Centers Birthing Clinics Cosmetic Surgery Centers Diagnostic Centers Orthopedic and Chiropractic Clinics Pharmacies Types of Medical Malpractice: Most Common Types Most people associate medical malpractice claims with outrageous mistakes such as wrongly amputating a limb or leaving surgical instruments inside the body of the patient. However, most claims are less outlandish and often subtle, such as giving the wrong dosage of medication, failing to notice signs of medication adverse effects or cross-contamination that led to infection. Other cases of medical malpractice can stem from late or misread diagnoses that caused harm. Malpractice errors can be categorized according to several categories, such as: Diagnostic Errors Improper Treatment injuries during birth, labor, and delivery Prescription Errors Medical Neglect of Elderly or Vulnerable Patients In the US, surgical errors are the most common malpractice cases for inpatient cases, while errors in diagnoses are the most common for those in outpatient settings. Legal Remedies Open to Oklahoma Plaintiffs Plaintiffs can file suits for medical malpractice in the state based on claims of negligence and others. To do this, you must show the following: The presence of a provider-patient relationship Provider failed to supply care according to the expected standard This failure led to an injury suffered by the patient The plaintiffs must also file claims within two years of the negligent act since the state imposes a 2-year statute of limitations on medical malpractice claims. Beyond this period, claimants lose the right to claim for compensation. Damages Available The good thing about Oklahoma laws is that there are no caps on economic damages claimed and awarded. Economic damages refer to losses in future earning capacity, lost wages, past, present and future medical expenses, and the like. This means the effects of negligence to your income and medical bills can be compensated to its fullest extent. The state has imposed a $350,000 cap on non-economic damages in most cases, which means that this is the maximum amount patients can claim for the emotional suffering experienced as a direct result of the negligent act. Damages arising from mental pain and anguish, effects of disfigurement, and even physical pain and suffering in the present and future are capped. The only exception has been when the plaintiff can prove that the medical professional was grossly negligent, acted with reckless disregard or intentionally acted to injure the claimant. However, on April 23, 2019 the Oklahoma Supreme Court ruled that the state’s $350,000 on recoverable non-economic damages is unconstitutional. Why Working with Medical Malpractice Lawyers Makes Sense Medical malpractice claims can be confusing and tricky. Experienced medical malpractice attorneys possess the knowledge needed to unravel the intricate medical and legal aspects of your case so that you can build a solid claim. Most hospitals and medical care providers are likely to be less than forthcoming when it comes to revealing information that could help patients claim for compensation. With a malpractice attorney, you can get access to independent medical experts who can assess your situation, analyze your medical records so they can determine what really occurred to produce the injury that you suffered. Working with an Oklahoma medical malpractice attorney also ensures that you can abide by the technical rules governing malpractice lawsuits, especially in states like Oklahoma where the statute of limitations is only two years. With a successful claim, you can be properly compensated for emotional damages, lost income and future losses of income. Financial compensation can help you recover financially from your medical injury so you can get back on your feet and move on with your life. Get in touch with your Oklahoma City medical malpractice attorney today. In Oklahoma City contact us at 405-253-4478 or our main office in Ardmore at 580-798-0447. You may also reach us through our contact us form and one of our legal professionals will contact you promptly.
The Important Role Your Personal Injury Lawyer Has in Resolving Your Case
There are many different kinds of personal injuries, ranging from vehicular accidents and workplace injuries to medical malpractice and even wrongful death. Regardless of the type, it’s important for you to seek the help of an Oklahoma personal injury lawyer so that you can get the just compensation you deserve.
