When Words Fail, Our Attorneys Speak Up: Fight For Justice
Losing a loved one is a painful experience and it becomes much more pathetic when you realize that the death was preventable. You have the right to seek justice and compensation for your losses if you suspect that some negligence or recklessness caused the death of your closed one.
However, filing a wrongful death claim can be an overwhelming process. Having an experienced attorney by your side is crucial to navigating the legal complexities and helping you get the justice you deserve. In this blog, we'll dive deeper into what constitutes wrongful death, the types of damages involved and the steps you need to take with a wrongful death attorney to file a successful claim.
What Is Considered Wrongful Death?
Wrongful death occurs when someone dies due to negligence, carelessness or an intentional act of someone else. In other words, it is a death that could have been prevented if the responsible party had acted reasonably. Wrongful death can happen in various situations, such as motor accidents, accidents at the workplace, medical malpractice or criminal activities.
To prove wrongful death, the plaintiff must establish four elements:
Duty of Care
Duty of care refers to the legal obligation of the responsible party to act with reasonable care.
Breach of Duty
Breach of duty means that the responsible party failed to meet that obligation.
Causation & Damages
Causation means that the breach of duty caused the victim's death and damages refer to the losses of the victim's family due to the death.
What Are the Damages in a Wrongful Death Case?
The damages in a wrongful death case can vary depending on the circumstances and the state's laws. In Oklahoma, the following damages may be recoverable in a wrongful death claim:
Economic Damages: These include financial losses for the victim's family, such as medical bills, funeral expenses, lost income and future earning capacity.
Non-Economic Damages: These intangible losses are more challenging to quantify, such as emotional distress, loss of companionship and pain and suffering.
Punitive Damages: In some cases, the court may award punitive damages to punish the responsible party for their intentional or egregious conduct.
How to File for a Wrongful Death Claim with a Wrongful Death Attorney?
If you believe your loved one's death was wrongful, you should seek legal advice from an experienced wrongful death attorney as soon as possible. The statute of limitations for wrongful death claims in Oklahoma is two years from the date of death, so time is of the essence.
To file a wrongful death claim, you must gather evidence proving the responsible party's negligence or wrongdoing.
It may include medical records, accident reports, witness statements and expert testimony.
Your trusted wrongful death attorney will help you build a strong case and negotiate with the insurance company or the responsible party's attorney to reach a settlement or take the case to court if necessary.
Who Is Eligible for the Lawsuit?
In Oklahoma, the personal representative of the deceased's estate must file a claim of death due to wrongful activities on behalf of the surviving family members. The eligible parties which can receive compensation for the wrongful death of their loved one include:
Spouse: The surviving spouse can claim damages for loss of companionship, support and household services.
Children: The surviving children can claim damages for losing parental guidance, supportive sheltering and education.
Parents: If the deceased had no spouse or children, the parents could claim damages for the loss of their child.
Siblings: If the deceased had no spouse, children or parents, the siblings could claim damages for the loss of their brother or sister.
Trust Our Experienced Wrongful Death Attorneys to Fight for Your Rights
If you're seeking justice for the wrongful death of your loved one, don't hesitate to contact The West Law Firm. Our skilled attorneys have years of experience handling complex wrongful death cases in Oklahoma City and can provide you with the legal support and guidance you need.
With The West Law Firm by your side, you can be confident that your case is in good hands. We will work tirelessly to help you get your deserved compensation and hold the responsible party accountable for their actions.
Contact us today to schedule a consultation with one of the best wrongful death attorneys in Oklahoma City. Trust us to fight for your rights and seek justice for your loved one.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.