The loss of a family member due to someone else’s negligence can feel like the end of the world. You cannot change the fact that your loved one is gone. However, an Sapulpa personal injury lawyer may be able to help you pursue compensation from anyone responsible for your family member’s death.
If you want to hire a wrongful death lawyer in Sapulpa, OK, partner with BDIW Law. Our attorney is available to review your case. Contact us today to get started.
Who Can File a Wrongful Death Claim in Sapulpa
Wrongful death is defined in accordance with Oklahoma Statutes §12-1053. It happens when a wrongful act or omission leads to an individual’s death. If a person wrongfully dies, a personal representative of their estate can file a claim.
A personal representative can be defined in an individual’s will. For example, an individual can name a parent or child as a personal representative in their will and then die as a result of another’s negligence. In this situation, the parent or child that the deceased individual (decedent) named as their personal representative can submit a claim on the grounds of a wrongful death.
If a person dies without a will, the court will appoint a personal representative for their estate. The representative may be a surviving dependent or heir. In this scenario, the representative is eligible to sue the person responsible for the wrongful death.
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SPEAK TO AN ATTORNEY TODAYHow Much Time You Have to File a Wrongful Death Lawsuit
Also, in accordance with Oklahoma Statutes §12-1053, there is a two-year statute of limitations for wrongful death lawsuits. This means you have up to two years from the date of wrongful death to seek damages from anyone responsible. The window for submitting a claim cannot be extended, so it is in your best interests to file a wrongful death lawsuit as soon as you can.
You can recover economic damages for a decedent’s burial or funeral expenses and many other quantifiable losses in a wrongful death claim. Along with these damages, you can ask for non-economic compensation for subjective losses. For instance, you can pursue damages for the loss consortium and grief of a decedent’s surviving spouse.
Per Section 9 of Title 23 of the Oklahoma Statutes, punitive damages can be awarded in wrongful death claims. These damages are provided to deter an at-fault party from future acts of negligence. They may be given to a decedent’s surviving spouse, children, or next of kin.
How a Wrongful Death Lawsuit Works
In a wrongful death case, a plaintiff claims the defendant was negligent, which led to another’s death. The plaintiff seeks damages on behalf of the decedent. They may do so for several reasons, such as:
Car Accident
A motorist can drive while distracted or drunk, speed, or break other rules of the road. In any of these instances, the driver is negligent and can be held accountable. If the driver kills another motorist or pedestrian in a car accident, a personal representative of the decedent can sue.
Medical Malpractice
A botched surgery, improper diagnosis, or other medical errors can cause someone to die. It is a healthcare provider’s responsibility to practice a high standard of care. If this does not happen and a provider is negligent and kills a patient, they can get sued as part of a medical malpractice claim.
Crime
In addition to a criminal case against someone responsible for murder or manslaughter, this individual can be held accountable for damages through a civil lawsuit. As an example, a person can be murdered, and the at-fault party can receive criminal charges. At the same time, the decedent’s family may sue this party for damages as part of a civil lawsuit that is separate from the criminal penalties that they face.
If you are unsure about whether you are eligible to file a claim, consult with an attorney. A Sapulpa wrongful death lawyer from BDIW Law can go over all of your legal options with you. To learn more, reach out to us.
What You Need to Know About the Burden of Proof in Wrongful Death Cases
You are responsible for the burden of proof in a personal injury lawsuit. To show that a party was at fault for a wrongful death, you must prove that the elements of negligence were present. These elements are:
1. Duty of Care
This is a requirement for one person to act with a reasonable standard of care toward another. To understand this requirement, consider the example of a nursing home. It is reasonable to expect nursing home staff members to assist residents.
2. Breach of Duty of Care
A duty of care is breached when they do not follow an expected standard of care. In the example of a nursing home, staff members may choose to ignore a resident. If this occurs, these personnel are breaching their duty of care toward the resident.
3. Causation
There is causation when someone gets hurt or dies due to a breach of a duty of care. At a nursing home, staff members who breach their duty of care can contribute to a resident’s death. These staff members may be subject to a wrongful death claim on the grounds of nursing home abuse.
4. Damages
To get compensation in a wrongful death lawsuit, you must be able to show that you suffered economic or non-economic losses. A Sapulpa wrongful death attorney can calculate your damages. They will help you submit a request for a reasonable amount of compensation.
An attorney will gather and review evidence with you. They understand your case and make sure you can present a compelling argument. If your attorney succeeds, they can help you prove that the defendant in your case was negligent.
Hire a Wrongful Death Lawyer
Choose an experienced lawyer to help you win or settle your wrongful death claim. At BDIW Law, we understand your legal challenges and help you through every aspect of your case. To request a free case consultation with a wrongful death attorney in Sapulpa, contact us today.
