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.