Oklahoma City Wrongful Death Lawyer
The death of a loved one is mentally and emotionally stressful. This may be especially true if you must deal with practical considerations such as funeral details and expenses. However, if the death of your loved one was due to another’s carelessness or negligence, you may be able to collect damages to help with your expenses.
If you think that your family member passed away as the result of another person’s wrongful act, you may want to explore the possibility of filing a legal claim for wrongful death. An Oklahoma City wrongful death lawyer could review the circumstances of your loved one’s death and assist you in determining whether a wrongful death claim is appropriate.
Wrongful Death Laws in Oklahoma City
Oklahoma defines a wrongful death as the death of an individual “caused by the wrongful act or omission of another,” according to Oklahoma Statutes Tit. 12, §1053. Under this statute, any personal representative of the deceased may file a wrongful death action.
A wrongful death claim may result in the following types of damages, according to O.S. Tit. 12, §1053:
- Expenses related to medical care and burial
- Loss of companionship or support
- Mental pain and suffering of the deceased
Wrongful death cases may often be complex, owing to the specific facts surrounding the death of the deceased. As a result, individuals considering filing suit may wish to obtain representation from an Oklahoma City wrongful death attorney.
How to Prove Negligence
Wrongful death lawsuits may also involve negligence claims, in which the plaintiff asserts that the defendant’s negligent acts caused the death. Generally, the representative of the deceased must prove the following to succeed on a negligence claim:
- The defendant owed a duty of care to the deceased
- They subsequently breached that duty of care
- Their breach proximately or immediately caused the death of the deceased
Wrongful Death Claims for Unborn Children
Under O.S. Tit. 12, §1053, someone may also file a wrongful death lawsuit for the death of an unborn child. The statute of limitations for such a suit is two years.
Some exceptions may apply for potential cases involving unborn children. O.S. Tit. 12, §1053 stipulates that a wrongful death lawsuit cannot be maintained if the death of the child was due to a legal, authorized abortion. A similar exception exists for a death that results from the “usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.”
Individuals who have questions about wrongful death lawsuits, especially as they apply to unborn children, can contact an Oklahoma City wrongful death attorney for more information.
An Oklahoma City Wrongful Death Attorney Could Help with a Claim
If you suffered the loss of a loved one due to the actions of another, consider contacting an Oklahoma City wrongful death lawyer. You may be eligible to file a civil suit to collect damages.
For a review of your potential case, call an Oklahoma City lawyer as soon as possible. They could analyze the facts surrounding the death of your loved one and advise you of the feasibility of a wrongful death lawsuit. If you do decide to file suit, they could also guide you through the legal process to help you receive the best possible result.
Be sure you know your rights. If you have questions regarding the death of a loved one, an Oklahoma City wrongful death lawyer is here for you.