What is Wrongful Death?
Wrongful death occurs when a person is killed as the result of another person or entity’s misconduct or negligence. Sometimes there can be a criminal prosecution in relation to the fatality. A wrongful death lawsuit is a civil action that can be filed by the Burton Law Group. There are various circumstances that can give rise to a lawsuit including car accidents, medical malpractice, criminal activity, and many others.
Who can file for a wrongful death claim?
Keep in mind that a wrongful death claim can be initiated by an OKC wrongful death attorney. A spouse is allowed to bring a claim on behalf of his or her deceased spouse. Parents of minors can also do the same if one of their children gets killed. Minors can also collect compensation for the death of one of their parents. This law applies to all states. However, states do tend to disagree on the following:
- Whether the parents of adult children have the power to sue
- Whether adult children can sue for the wrongful death of their parents
- Whether adult siblings have the right to sue for wrongful death
- Whether extended family such as uncles, aunts, cousins, and grandparents can sue
It is going to be much harder to obtain a legal remedy in a wrongful death case the more distant the familial relationship is.
When is a wrongful death claim applicable?
Certain situations can occur in which a victim is killed as a result of the defendant’s wrongful actions. This may happen in a variety of situations that include:
- When a victim is killed intentionally- An example would be O.J. Simpson was sued in civil court for the wrongful deaths of his ex-wife Nicole Brown and Ronald Goldman. These civil suits, which were initiated by the victim’s families, were separate from the criminal case against Simpson by the state.
- When a victim passes away as a result of medical malpractice- If the doctor is careless in how he provides care or fails to diagnose a condition and as a result, the patient dies, the family may file a claim against the doctor.
- Car accident fatalities- if a person dies as a result of injuries endured from a car accident, a wrongful death claim may be filed.
These are just a few examples of personal injury cases that can potentially turn into wrongful death lawsuits. It can be the result of almost any type of personal injury situation, with the exception of most work-related injuries resulting in death. Those are usually just handled via the worker’s compensation system. All others can be handled by an OK wrongful death lawyer.
How an Attorney Can Help
It takes an experienced and aggressive attorney to bring a Wrongful Death claim. You want to find a lawyer that has in-depth knowledge and experience to improve your chances of obtaining a recovery.
An Oklahoma wrongful death attorney can help you figure out the following:
- Funeral expenses
- Medical bills
- The deceased person’s loss of income
- Loss of an inheritance
- Loss of support, companionship, and affection
- Loss of services your loved one may have provided
Attorneys understand that some of these losses can be pretty difficult to sort through but know how to approach delicate questions and seek justice the right way.
What must be proven?
In order to hold the defendant responsible for a wrongful death claim, the plaintiffs who filed the claim must meet the same burden of proof that the victim would have had to meet had he or she survived. For example, if this is a case involving negligence, the claim must show that the defendant owed the victim a duty of care, that the defendant breached. That breach must have been directly related to the victim’s death. An attorney can go over the OKS wrongful death laws, so you can familiarize yourself with what is considered a wrongful death claim, etc.
A wrongful death claim is something that should be presented to lawyers OKC in order to begin the case. If you indeed have grounds for a case, your attorney can go over everything with you. Attorneys Oklahoma City 73103 can represent you and get you the compensation you deserve.