The Damages Covered in a Wrongful Death

The family is likely to feel intense sorrow for their loss when a loved one is killed because of someone's irresponsible or careless conduct, whether it be another driver or a medical professional. As the shock wears off, whether the victim contributed to household income or caregiving, the family will begin to worry about how they will be able to cover the deceased's medical expenses or even pay their daily bills. In order to seek compensation for the damages the family has suffered and those that they will suffer down the line, wrongful death lawsuits are filed. "Recovering damages" is another way of saying compensation. See here where wrongful death attorney may help you to get the claims rightfully.

Damages typically fall into one of three groups of a wrongful death suit.

1.       Harm caused from the date of the accident to the date of death of the deceased - Family members may recover from the date of the occurrence or careless act to the date of their loved one's death for damages that occurred. The time period ranges from a few hours to several weeks in general. For example, if the deceased suffered incredible pain and suffering for 48 hours after an accident caused by a careless driver, during that time period, the family could be able to recover from pain and suffering.

2.       Rational costs for funeral and burial - Usually, families are entitled to have "reasonable" death and burial costs covered by a settlement. The cost of death certificates, the cost of moving the body to the funeral home and graveyard, funeral home and minister's fees for memorial/burial services, an urn or casket, the cost of cremation, and a small headstone or memorial marker costs are all common costs that must be covered.

3.       Loss of family following the death of a loved one - The last big injury category covers family losses following the death of their loved one. This will vary from state to state, but families are usually entitled to recover the money they would have received and contributed to the family if they were not killed by wrongful death for potential missed income. Some states also allow members of the family to seek damages for "consortium loss," which is a recovery for a spouse's loss of companionship or love and encouragement to a child.

In Oklahoma, who will bring a wrongful death lawsuit?

Under the Wrongful Death Act in Oklahoma, in the event of death arising as a result of negligence, reckless action, or illegal act, wrongful death cases are brought by living relatives or beneficiaries of a deceased.

Generally speaking, a wrongful death civil case may be brought by surviving family members, although the precise list of possible victims is determined by state statute. In Oklahoma Wrongful Death Act creates a list of people entitled to file a wrongful death case. The right is bestowed on:

• Wife of the deceased

• The descendants of the dead

• Parents of the deceased

The family of the deceased can legally sue any person or organization responsible for their loved one's wrongful death, although some states prohibit family members from suing each other for the death of a third member of the family.While they will profit from monetary compensation, the personal representative of the deceased needs to begin the actual legal proceedings. See us here at The West Law Firm regarding this help. Ask our wrongful death attorney in Oklahoma City to know your move.

** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.