An unfair death lawsuit is filed against any person who caused the death of another person due to negligence on their part. This claim allows the deceased’s mourners to file a lawsuit against the party that is responsible for the death. Instead of directly, most of the bereaved ask for a state representative, such as a wrongful death lawyer, to fight for their case in court. This is what you need to know about it.
An Oklahoma wrongful death statute is applicable when the victim, who otherwise only had a personal injury claim, died due to the negligence or intentional harmful actions of their caregivers. This may occur if:
The victim was deliberately killed – If the victim died due to deliberate actions by the accused, then it can be confirmed in court as a wrongful death claim. A good example is from OJ Simpson who was sued for killing his wife and lover.
If the victim dies of medical malpractice – If the doctor who was accused of the care of the misdiagnosed victim or was careless in providing a level of care that was mandatory causing the death, then a wrongful death claim can be made against him/her.
Car accident deaths – If a person dies as a result of car accident injuries, then the homeless can file a successful negligence death claim.
These were just some of the reasons that a seemingly small case can make in a wrongful death lawsuit. It can come from any personal injury that results in death if ignored or mishandled. Some of the main elements you can find in one include:
- Death of a human being due to negligence or damage
- The appointment of a personal representative for the assets of the deceased.
- Survival of family members who are suffering financially and emotionally due to loss
The case may arise from a:
- Car or plane crash
- Criminal behavior
- Death during a supervised activity
- Occupational exposure to risks that should have been stopped or protected with appropriate equipment
The main measures of damages in a lawsuit for wrongful death include injuries, financial and pecuniary damages. The latter refers to injuries that include loss of services, support, loss of inheritance along with medical and funeral expenses. This may also include compensation for damages that will include interest accrued since the death of the deceased.