The death of a loved one can be an overwhelming ordeal, during which surviving family members must cope with medical and funeral expenses while grieving their loss. If the death was the result of another person’s negligence, an already difficult situation becomes more painful.
Filing a wrongful death claim can be frustrating and confusing. A wrongful death attorney can make sure you understand your rights and that your claim is properly handled so you can focus on your family during this difficult time.
Our Wrongful Death Lawyers Are Here to Assist You
A wrongful death claim is unlike any other type of civil case. Though it resembles a personal injury claim to some extent, the damages suffered by the deceased and their family members are far greater, and far more difficult to calculate.
At Parrish DeVaughn, we know that these claims are about both getting financial compensation to withstand the economic fallout of losing a loved one and establishing the accountability of the at-fault party.
Our wrongful death lawyers know that families need dedicated legal representation who understand everything they’re going through after deaths resulting from accidents and unexpected injuries. We can make sure you’re treated with the respect, compassion, and attentiveness you and your family deserve.
We also offer our clients a No Fee Guarantee, which means that we only get paid if we win you compensation. Parrish DeVaughn believes that no family should pay attorney fees if the attorney doesn’t win their case, and that’s especially true when a family is mourning the loss of a loved one.
Compensation Available in Wrongful Death Claims
Depending on the situation, compensation for several types of economic and non-economic damages could be pursued through a wrongful death claim. That includes:
- Outstanding medical costs facing survivors that are related to their loved one’s injuries
- End of life costs, such as funeral and burial expenses
- Compensation for financial contributions the deceased would have made to their household
- Compensation for the loss of support and companionship offered by the deceased
- Compensation for the retirement or insurance benefits of the deceased
If you’d like to know how much compensation you should receive in a wrongful death claim, reach out to the Oklahoma City wrongful death lawyers at Parrish DeVaughn to discuss your case in detail. We can review your situation and help you better understand your legal options.
What Is Considered “Wrongful Death?”
Wrongful death occurs when a death is caused, in whole or in part, by the actions or negligence of another person, even if that person had no intention of harming the victim.
Common Causes of Wrongful Death:
- Medical malpractice
- Automobile accidents
- Motorcycle accidents
- Truck accidents
- Boating accidents
- Jobsite accidents
- Defective drugs or medication
- Defective products
Eligibility to File a Wrongful Death Claim
According to Oklahoma law, a wrongful death claim must be filed by a personal representative of the deceased—typically a spouse, child, parent, or other surviving family member. If the departed did not name a personal representative in their will, one may be appointed by the court.
A wrongful death attorney can also assist families with determining who can legally file the lawsuit to get the process started.
Don’t wait to contact a wrongful death attorney. In Oklahoma, you only have a limited amount of time to file a claim. The current statute of limitations for a wrongful death lawsuit is two years. By acting as soon as possible, you can help establish the exact cause of your loved one’s fatal accident and ensure that those responsible are held accountable.
Types of Financial Compensation and Damages
- Medical bills
- Loss of income
- Pain and suffering
- Loss of benefits
- Funeral costs
You can also hold the at-fault party responsible for the burden they’ve placed on your family with the loss of your loved one. Though no amount of money can ever replace a cherished family member, these claims can help families survive the financial fallout of their loss.
The Role of Negligence in Wrongful Death Claims
Similar to personal injury claims, wrongful death cases rely on proving negligence. Here, negligence establishes that the death of your loved one resulted from the carelessness, recklessness, or intentional misconduct of another party.
To win a wrongful death lawsuit in Oklahoma, you’ll need to demonstrate the following elements:
- Duty of Care: It must be shown that the at-fault party owed a duty of care to the deceased. This duty varies depending on the circumstances of the incident. For example, drivers have a duty to obey traffic laws and operate their vehicles safely to avoid harming others.
- Breach of Duty: The claim must demonstrate that the at-fault party breached this duty through their actions or failure to act. This could involve anything from a driver running a red light, a manufacturer knowingly producing or selling a faulty product, or a property owner failing to address a known hazard on their property.
- Causation: A direct link must be established between the at-fault party’s breach of duty and the death of the deceased. This means proving that the death would not have occurred if the at-fault party hadn’t been negligent.
- Damages: Finally, the claim must specify the damages resulting from the wrongful death. These can include the deceased’s medical expenses prior to death, funeral and burial costs, loss of the deceased’s expected income, loss of companionship and support, and pain and suffering.
The Process of Investigating Wrongful Death Claims
Investigating a wrongful death claim is a meticulous process that involves experienced wrongful death attorneys gathering various forms of evidence, including:
- Accident Reports: Obtaining police reports and any other official documentation related to the incident is crucial. These documents provide a preliminary understanding of the events leading to the death.
- Medical Records: Reviewing the deceased’s medical history, including pre-existing conditions and the nature of the fatal injuries, helps establish a timeline of events and the direct cause of death.
- Scene Investigation: In some cases, depending on the nature of the incident (car accident, workplace accident, etc.), the attorney might request access to the scene to gather further evidence or commission an accident scene reconstruction specialist.
- Witness Interviews: Speaking with anyone who witnessed the event or interacted with the deceased shortly before the death can provide valuable insights into what transpired.
Beyond initial evidence gathering, wrongful death attorneys may also involve specialized professionals to strengthen the case:
- Accident Reconstruction Experts: These experts can analyze accident scene data, vehicle damage (in the case of auto accidents), and witness statements to recreate the events leading to the accident and determine fault.
- Medical Experts: Depending on the cause of death (for example, medical malpractice), medical professionals can offer expert opinions on the standard of care that should have been provided.
- Economic Experts: Wrongful death claims often involve compensation for the lost future income of the deceased and the financial burden placed on surviving family members. Economic experts can calculate the total financial losses suffered.
The sooner a wrongful death investigation commences, the better the chances of securing crucial evidence. Memories fade over time, and physical evidence can deteriorate. A skilled wrongful death attorney understands the importance of acting swiftly to gather comprehensive evidence and ensure a successful outcome in court.
Do You Need an Experienced Oklahoma City Wrongful Death Attorney?
If you feel like your loved one’s death was the result of another’s negligence, contact an Oklahoma City wrongful death attorney at Parrish DeVaughn Injury Lawyers today. We will go over the facts of your situation and help determine whether or not you have a valid wrongful death claim. We understand how difficult this time is for you and we’ll help you through each step of the process. We ensure our clients are always treated with care and respect. Your initial consultation is free and there is no obligation on your part to hire us simply to speak to one of our lawyers. We have offices in Oklahoma City, Edmond, and Tulsa. Contact us now to schedule a free case assessment.
