If you recently lost a loved one due to someone else’s wrongful conduct, your family may have grounds to pursue a wrongful death claim. While this may be the furthest thing from your mind during such a tragic time, Oklahoma law only gives personal representatives two years from the death to initiate legal action against the defendant. If you suspect you may have grounds to file a wrongful death claim, contact Oklahoma Injury Law immediately to protect your legal rights.
What Is Wrongful Death in Oklahoma?
Under Oklahoma law, wrongful death occurs when a person’s death is due to the wrongful act or omission of another when that act or omission would have allowed the decedent to file a personal injury claim had they lived. Common causes of wrongful death claims in Oklahoma include:
- Negligence-based incidents, such as car accidents, truck accidents, and motorcycle accidents
- Medical malpractice, when a healthcare provider deviates from the standard of care in treating the patient
- Intentional acts and crimes
Why Should I File a Wrongful Death Lawsuit in Edmond if the Person Responsible Is Being Prosecuted?
Some wrongful death cases involve criminal behavior, such as a drunk driving crash that results in a fatality or homicide. However, there are important differences between those cases and wrongful death cases, including:
- Purpose – Criminal cases are brought in the public’s interest. Jail or prison time, probation, community service, and fines may help deter similar conduct in the future. In a wrongful death case, the focus is on providing financial compensation to the surviving family so they are not overburdened due to someone else’s carelessness.
- Legal representation – The surviving family is not represented in criminal cases. Instead, the prosecutor acts in the public’s interest. In a wrongful death case, your Edmond personal injury attorney advocates for you.
- Different standards of proof – Criminal cases have the highest burden of proof with “beyond a reasonable doubt.” Civil cases use a “by a preponderance of the evidence standard,” which means that it is more likely than not that the defendant is responsible for your loved one’s death. Prosecutors may be unable to meet the high burden required in criminal cases.
Even if the case involves a criminal prosecution, there’s no guarantee how that case will end. A wrongful death lawsuit may be able to help you seek justice and accountability.
What Do I Have to Prove to Win a Wrongful Death Case in Edmond?
Most wrongful death cases are based on the legal principle of negligence. Under this standard, you must be able to prove the following legal elements:
- Duty of care – This is the legal responsibility that the defendant had to act in a certain way, such as obeying traffic laws or using the same standard of care another doctor with similar training would have used under similar circumstances.
- Breach of duty – This is what the defendant did wrong that caused the death, such as speeding or drinking and driving.
- Causation – You must be able to show the defendant’s breach of the duty of care is what legally and actually caused your loved one’s death.
- Damages – These are the losses you and other family members suffered because of the death, such as burial expenses or loss of financial support.
The experienced Edmond wrongful death lawyers at Oklahoma Injury Law can evaluate your claim and determine if you have a viable case for wrongful death.
Learn More When You Contact Our Edmond Wrongful Death Lawyers Today
The wrongful death attorneys at Oklahoma Injury Law provide free and confidential consultations to discuss your situation. Contact us today online or call us at (405) 310-8800 to arrange yours.