A wrongful death happens when one person kills another due to negligence or misconduct. You may be eligible to sue for this reason in Perry, OK. To find out if you have grounds for a claim, reach out to a Perry personal injury lawyer.
The team at BDIW Law has many years of experience with personal injury lawsuits. Our Perry wrongful death lawyer is available to discuss your case. Contact us today to get started.
Wrongful Death Definition
According to Oklahoma Statutes §12-1053, a wrongful death happens if one person dies due to a negligent act or omission of another individual. In this instance, a personal representative of the deceased person (decedent) may be able to request damages. They can sue the party responsible for killing the decedent as part of a lawsuit.
In Oklahoma, a personal representative is authorized by the decedent or the state to act on this individual’s behalf. If a person has a will, they may define a representative who handles their estate after they die. Or, if no representative has been named, a probate court may appoint one.
The statute of limitations for a death claim is two years. If you are a personal representative and want to file a lawsuit on a decedent’s behalf, you have up to two years from the date of this individual’s death to do so. A Perry wrongful death attorney can review your claim and help you decide if now is the right time to ask for damages.
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SPEAK TO AN ATTORNEY TODAYTypes of Wrongful Death Lawsuits
A wrongful death occurs when one person is negligent or careless. Even if this individual did not intend to kill someone else, they can still be held accountable for their actions. There are many reasons why people file claims on the grounds of a wrongful fatality, such as:
- Car accident
- Motorcycle accident
- Truck accident
- Nursing home abuse
- Product liability
The financial fallout of the loss of a parent, spouse, sibling, or other family member can be significant. By speaking with a wrongful death attorney in Perry, you can get answers to frequently asked questions and many others about your claim. Your lawyer can help you figure out what damages may be available to you and how much money to ask for in your lawsuit.
Types of Damages You Can Recover in a Wrongful Death Case
You may be able to get economic and non-economic compensation in your lawsuit. Economic damages are awarded for quantifiable losses, and non-economic compensation is provided for subjective ones. Reasons you can recover damages include:
- Medical and burial expenses
- Loss of consortium
- Loss of companionship
- Decedent’s mental pain and anguish
Per Oklahoma Statutes §23-9.1, punitive damages can also be awarded in wrongful fatality lawsuits. These are used to punish a defendant based on the severity of their actions. They may be provided in addition to economic and non-economic compensation.
A wrongful death lawyer in Perry can help you calculate your damages. At BDIW Law, our attorney can take a look at your case and prepare an argument designed to compel a judge or jury to award you the maximum amount of compensation. For more information, get in touch with us.
Who You Can Sue in a Wrongful Death Lawsuit
The at-fault party in your lawsuit depends on your case. Your lawyer can examine your case, identify any negligent parties, and make sure they are held accountable. Examples of defendants in wrongful fatality lawsuits include:
- Car and truck drivers
- Motorcyclists
- Employers
- Healthcare providers
- Product manufacturers
Multiple parties may have contributed to someone’s death. In this situation, you may be able to submit a claim for compensation from each of them. Your attorney can help you file your claim and present a strong argument for compensation.
What to Expect When You File Your Wrongful Death Claim
Your claim can start with a request for money from an insurance company. For example, if your spouse dies in a car accident, you may pursue compensation from the at-fault motorist’s insurer. In the best-case scenario, the company pays out your claim.
Unfortunately, insurance companies are focused on their own interests — not yours. They will do everything within their power to avoid paying out your claim. If you have a lawyer at your side, you can get the legal help you need to deal with an insurer.
Your lawyer protects your legal rights and advocates for you. They can attempt to negotiate a fair and reasonable settlement with an at-fault party’s insurance company. If no settlement can be reached or the insurer does not provide adequate compensation, your lawyer can bring your case to court.
How to Get Compensation in a Wrongful Death Lawsuit
In a fatal truck accident lawsuit or any other case, you must prove an at-fault party was negligent. This requires you to show that the elements of negligence were present at the time the decedent was killed. There are four elements:
- Duty of Care: It was reasonable to expect the defendant to act cautiously around others.
- Breach of Duty of Care: The defendant violated their duty of care toward others.
- Causation: Because the defendant did not follow their duty, they caused another person to die.
- Damages: The defendant’s actions resulted in quantifiable or subjective losses.
You are responsible for the burden of proof in your lawsuit. This means you must provide a wealth of evidence to support your request for compensation. You do not have to handle this responsibility on your own — and an attorney can help you out.
Your attorney can help you gather photos, videos, witness statements, and other pieces of evidence. They can put together an argument that explains why you deserve to be awarded compensation. If necessary, your lawyer can present this argument to a judge or jury.
File Your Wrongful Death Claim
Time is limited to file a death claim in Perry. The team at BDIW Law can help you submit your claim — and we will not charge you anything unless we win or settle your case. To schedule a free case consultation, contact us today.
