Moore Wrongful Death Lawyer
Coping with any death of a loved one is an extremely difficult process, but it can be even more devastating to learn that their death was due to the negligence of another person. A Moore wrongful death lawyer may be able to assist you in holding those who are responsible for the death of your loved one accountable for their negligent actions.
A wrongful death action may allow surviving family members of the deceased individual to recover the compensation from responsible parties that they need to deal with expenses such as final medical bills and funeral services. Seek advice from an experienced personal injury attorney to determine whether you are eligible to bring any legal claims regarding the death of your loved one.
Defining Wrongful Death Claims
Wrongful death claims are civil lawsuits filed by certain surviving family members of an individual who died as a result of reckless or negligent conduct. These claims are permissible so long as deceased individuals would have been eligible to bring a personal injury lawsuit had they survived the accident.
Wrongful death claims can arise from various situations, which may include the following:
- Motor vehicle accidents
- Slip and fall or other premises liability actions
- Medical malpractice
- Workplace accidents
No matter the situation that led to the fatal accident, it must involve some degree of negligence by a person or entity to be eligible for a wrongful death claim.
One common example might be motor vehicle accidents caused by a drunk driver that result in the death of a pedestrian. In this situation, the driver was negligent in choosing to drink alcohol before driving, and due to their actions, it is reasonably foreseeable that an accident resulting in injuries or death would result.
Parties Eligible to File Wrongful Death Cases
Only certain family members can file a wrongful death lawsuit on behalf of a deceased individual. Eligible family members may include spouses, children, parents, and siblings.
A personal representative named in the will of the deceased individual—or whom a court appoints during probate proceedings—also can bring a wrongful death action on behalf of the decedent. A Moore wrongful death attorney may be able to further clarify for family members of the decedent which among them may be legally allowed to pursue a wrongful death action.
Damages in Moore Wrongful Death Claims
Oklahoma law limits the types of damages that family members can recover in the context of a wrongful death action. Under Oklahoma Statutes §12-1053, plaintiffs who file wrongful death claims arising from the death of a loved one may be able to recover the following kinds of damages, depending on the circumstances:
- Medical and burial expenses
- Loss of consortium and grief of the surviving spouse
- Mental pain and anguish suffered by the decedent prior to death
- Grief and loss of companionship of surviving children and parents
The pecuniary losses suffered by the decedent’s spouse and children are another potential type of compensation that a wrongful death lawyer in Moore could help a family pursue. The amount of recoverable pecuniary damages may vary widely, but they are generally based on the age, occupation, earning capacity, health habits, and life expectancy of the decedent.
Furthermore, the wrongful death statute applicable to Moore provides for exemplary or punitive damages in appropriate cases. Some of the factors that contribute to the decision to award punitive damages may include the seriousness of the misconduct involved, the attitude and conduct of the defendant, the degree of awareness of the hazard by the defendant, and the duration and any concealing of the misconduct, among other considerations.
Getting in Touch with a Moore Wrongful Death Attorney
When someone has recklessly or carelessly caused the death of a loved one, your grief may be immeasurable. In the midst of your sadness, anger, and disbelief over the loss of your family member, it is understandable to have trouble focusing on financial matters. If death-related expenses begin to pile up, however, a Moore wrongful death lawyer may be able to help.
While financial compensation cannot undo the grave injustice that caused the death of your family member, it may help to ease your financial worries during this time of grieving and transition, as well as hold individuals accountable for their wrongful conduct. Get in touch with a compassionate attorney whenever you are ready to seek justice on your family member’s behalf.