Coping with the death of a loved one can be especially difficult when the loss was the preventable result of another’s negligence. A wrongful death lawsuit allows surviving family members to pursue the financial security they need to move forward with their lives.
The Oklahoma wrongful death lawyers at Carr & Carr Attorneys at Law are dedicated to helping families through this difficult process and recovering the compensation survivors need to deal with medical expenses, funeral and burial costs, and other related damages. If you believe a family member’s death was caused by another’s carelessness, please call us at 866-510-0580 or contact us online today.
Our attorneys offer free, no-obligation consultations to help you understand your options, and we don’t charge for our services unless we successfully resolve your case. Carr & Carr is proud to represent clients throughout Oklahoma via offices in Tulsa and Oklahoma City.
What is ‘Wrongful Death’?
A wrongful death case is a civil lawsuit that allows certain survivors of the deceased to seek compensation when the death was the product of another party’s recklessness. Per Oklahoma’s statute, a wrongful death claim may be filed if the act that caused the death would have allowed the decedent to file a personal injury case had he or she lived.
Wrongful death cases often arise from circumstances that include but are not limited to:
- Motor vehicle crashes
- Defective products
- Premises liability incidents, including slip-and-fall accidents
- Medical malpractice
- Nursing home neglect or abuse
- Workplace accidents
Wrongful death claims are not criminal cases, although defendants in these lawsuits may also face criminal charges. Wrongful death lawsuits do not have to prove that the at-fault party intended to harm the deceased individual.
The defendant could be a single person or a corporation (such as a hospital, trucking company, product manufacturer, drug company or nursing home). In a wrongful death case, one of the following must be proven:
- The defendant was negligent or careless in not fulfilling their responsibility.
- In dealing with products, the seller, manufacturer and distributor could be “strictly liable” for the person’s death — the defendant is to blame, even if they were not negligent in the sale, manufacture or design of the product.
In order to win a wrongful death case, the plaintiff’s case must be more probable than the defendant’s case, which is referred to as there is a “preponderance of evidence.” In a wrongful death case, if the outcome is in favor of the plaintiff, the defendant will be made to pay monetary damages for causing the death.
Who Can File a Wrongful Death Case in Oklahoma?
Oklahoma’s wrongful death statute allows certain people who can demonstrate monetary or emotional injury to make a claim for damages. These people may include:
- Spouse or domestic partner
- Children
- Parents
- Siblings
A wrongful death claim may also be filed by a “personal representative” of the departed. The court may appoint a personal representative.
Damages in Wrongful Death Cases
Compensation in wrongful death lawsuits may include money for:
- Medical expenses for the decedent prior to death
- Funeral and burial expenses
- Loss of income or financial support from the decedent
- Loss of medical and/or retirement benefits from the decedent
- Pain and suffering
Actual monetary damages can vary widely in wrongful death cases. Factors including the decedent’s age and life expectancy inform how some damages are calculated.
Types of Loss
Each state has its own laws regarding wrongful death. From one state to another, there could be differences relating to time frame, finances, types of accidents and other issues. In Oklahoma, there is a time limit (called a “statute of limitations”) of two years from the date of death in which a lawsuit must be filed. Because of this important deadline, you should speak to an Oklahoma attorney as soon as possible to ensure that your rights are protected. Also, a lawyer who frequently works with wrongful death cases will be able to answer your questions concerning possible defendants, the difficulty of the case and how to compensate for damages. Additionally, it is not required that the person who died is the primary breadwinner of the family. The pain of losing a loved one is significant, no matter whether the person who died was an infant, a child, a teenager, an active adult or an elderly person. When someone is killed, the defendant has injured not only the person who dies but also their family members. In wrongful death suits, you may be compensated for:
- economic loss – this includes the loss of wages of the person who died, their funeral expenses, and the value of lost household services
- non-economic loss – this includes the loss of love, companionship, guidance or mentoring, physical pain and suffering if there was a period of time between the injury and death.
Compassionate Oklahoma Wrongful Death Lawyers
The Oklahoma wrongful death attorneys at Carr & Carr understand that no amount of compensation can replace your loss. We also understand that an unexpected death can leave innocent families facing sudden and seemingly overwhelming financial obstacles.
Our Oklahoma City personal injury lawyers fight hard to recover the financial relief and peace of mind surviving family members need after the wrongful death of a loved one, and we have an extensive record of success in these cases.
If you believe a loved one’s death was caused by another’s negligence, please call us at 866-510-0580 or contact us online to tell us your story now.
