How a Wrongful Death Lawsuit Works out?
Wrongful death claims are filed against an accused who caused a death of someone, either in negligence or intentionally. Wrongful death claims permit the estate and/or those near to the deceased to sue a party legally responsible for the death. Although the wrongful death laws of each state vary, such proceedings are often filed on behalf of the surviving families affected by the death of a deceased's estate. Hire a wrongful death attorney for detailed insight.
When Does a Claim for Wrongful Death Apply?
A wrongful claim can be made if a victim who otherwise has a valid claim is killed as a result of the wrongful action of the defendant. This can take place in a number of situations, including:
If a victim is deliberately murdered. O.J Simpson case for instance. He was sued Nicole Brown's and Ronald Goldman's unjust deaths in civil court. These civil proceedings brought by families of the victims were separate from Simpson's state criminal case.
When a victim dies due to medical misconduct. If a physician fails to diagnose a condition, or if the physician is careless and the patient dies as a result, it may cause a wrong death action against a physician.
Fatalities involving negligence in a car accident. A wrongful death claim can be brought if a victim dies as a result of car accident injuries without his/her fault.
These are just a few examples of cases of personal injury that could lead to false death claims. A wrongful claim may be derived from virtually any type of person's injury, although there may be a remarkable exception for work injuries resulting in death, usually exclusively being handled through worker compensation.
What to Be Proven?
The plaintiffs in the claim (usually through the estate of the dead victim) must meet the same burden of evidence that would have had the victim satisfied if the victim had lived in order to hold the defendant liable in a wrongful death suit. This means for example by using fault, that the defendant owed the victim a duty of care, that the defendant violated this obligation and that a violation of the duty was a direct and proximate cause of the death.
Who Can File a Claim to Wrongful Death?
A defective claim is generally made on behalf of survivors who had a relationship with the victim by a representative of the estate of the deceased victim. It varies from state to state precisely who the survivors can be.
Identifying the Responsible Party for Death
Under Oklahoma law, a wrongful of death is a result of another person's negligent or deliberate act. There are many unlawful death proceedings in practice:
Car crashes
Truck crash
Accidents with motorcycles
Collisions between motor vehicles and pedestrians
Defective products
Toxic chemical
The Steps to Taken
Check if you can file a lawsuit
Hire a wrongful death attorney
Death investigation
Compensation demand for the defendant
Attention to the deadline
Filing a lawsuit
Fact-finding
Attending mandatory mediation
Trial of wrongful death
Fund disbursement
Hire a wrongful death attorney in Oklahoma City. Contact us at The West Law Firm for legal aid.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.