Norman Wrongful Death Lawyers

Suddenly losing a loved one is one of the worst things that can happen to a family. It is even more difficult if your loved one passed because someone else did something wrong.

When that happens, Oklahoma law allows your family to file a lawsuit, seeking compensation from the person or party who was to blame for what happened. The wrongful death attorneys at Nix Patterson understand what you are going through and will handle your case for compensation with the compassion and respect it deserves.

What Is a Wrongful Death Claim?

A family’s personal injury lawsuit when they lose a loved one to someone else’s wrongful actions is known as a wrongful death claim. This is because when a loved one dies, the surviving family will suffer their own damages. They are entitled to financial compensation when they can prove that the death was wrongful and someone else was to blame for it.

A wrongful death claim is the legal process that your family would need to follow to receive a settlement or financial award for the loss of a loved one. The wrongful death claim can be filed with the insurance company that covers the responsible party. Alternatively, you can file a wrongful death lawsuit in court directly against the responsible party, although the insurance company would often be the one defending them.

Common Types of Wrongful Death Lawsuits in Norman

Wrongful death cases can be filed whenever you have lost a family member to someone else’s actions that were either intentional or departed from their duty of care.

Common types of wrongful death cases include:

• Car accidents
• Bicycle accidents
• Nursing home abuse
• Medical malpractice
• Product liability
• Pedestrian accidents
• Motorcycle accidents
• Construction accidents
• Premises liability accidents

No matter how your loved one died, your family may be eligible for compensation if you can prove that someone else’s actions were responsible for your loved one’s untimely death.

Potential Defendants in a Wrongful Death Lawsuit

Usually, you would sue the person who was directly responsible for your loved one’s death. For example, if your loved one died in a car accident, you would file a wrongful death case against the driver involved in the crash.

There may be times when you are able to sue a company in a wrongful death lawsuit. If the person responsible for your family member’s death was working at the time of the accident, their employer may be obligated to pay you. An employee is considered to be an agent of their employer when their actions are within the scope of their job duties. It often helps you to be able to file a lawsuit against a company because they have far more insurance and money to pay your claim, especially when your family has suffered a large loss.

You may also find other parties who were to blame for the death in varying ways. If someone killed your loved one, you have the option of filing a wrongful death lawsuit directly against them. You can also sue someone else who had a role in the death.

For example, your loved one could have been killed in a location where someone else was responsible for providing security. Then, you could file a negligent security lawsuit against whoever was to blame. If your loved one died in a drunk driving crash, you may be able to file a wrongful death claim against the establishment that served the alcohol pursuant to state dram shop laws.

How To Prove a Wrongful Death Case

The elements of a successful wrongful death claim are as follows:

• Someone else committed a wrongful action
• Your loved one died from that action
• Your family suffered losses when your loved one died

In order to win a wrongful death case, you would need to prove that there was some sort of “wrongful” element to your loved one’s death. Here, wrongful could mean that there was some sort of intentional action that took the life of your family member. In most cases, “wrongful” would mean that someone else’s carelessness resulted in your loved one’s death.

Oftentimes, you are trying to prove that someone else was negligent. There are four elements to the legal test for negligence, and you would need to prove each one of them to win your case. The four parts of the test are:

• Duty of care. The defendant owed your loved one the duty of care. This is often one of the easier elements of negligence to prove.
• Breach of duty. The defendant breached the duty of care by doing something that would be considered unreasonable under the circumstances. This is often the most difficult element to prove because you would need evidence about what happened. Then, you would compare what the defendant did versus what a reasonable person would have done under the circumstances.
• Injury. Your loved one suffered an injury.
• Causation. You must prove that your loved one would not have suffered an injury had it not been for the actions of the other party. In some cases, they may argue that your family member would have died anyway, notwithstanding their actions. In other cases, the defendant may argue that your loved one was really responsible for their own death because of their actions.

You need to gather evidence that shows that someone else was to blame for your loved one’s death before you can become eligible for financial compensation.

What Kind of Compensation Can I Get for a Wrongful Death Lawsuit?

A wrongful death lawsuit is your family’s lawsuit for the harm that you have suffered when your loved one was suddenly and tragically taken from you. The value of your wrongful death claim can be considerable. Some factors that can impact the size of your wrongful death award include:

• The age of the family member at the time that they died
• Whether they had any children
• The role that they played in the family
• The closeness of the relationships that they had with their family members

You can understand that the settlement would depend specifically on the deceased person’s family situation. There is no such thing as a one-size-fits-all wrongful death settlement. You will need to prove things about the deceased person and the things for which the family counted on them.

Wrongful death damages can include:

• The wages that the deceased person would have earned over the course of their career
• The guidance that they provided to their family members
• The close, loving relationship that they had with their family members
• The physical relationship that they had with their spouse
• The grief and trauma that the family endured when their loved one suddenly

You would need to fight to get adequate compensation for the loss of a loved one. The insurance company, or the party who was responsible for your family member’s death, is only looking at their own bottom line. If they offer you money at all, it may be a fraction of what your case is really worth. Your attorney would estimate the value of your case after learning about your family’s situation.

At the same time, you can expect the insurance company or the defendant to ask many uncomfortable and personal questions that you would need to answer. They are trying to glean whatever information they can to challenge your damages and pay you less. Your attorney’s job is to defend your rights and ensure that your story is told.

The Role of a Survival Lawsuit

A wrongful death pays the family the damages that they have suffered when a loved one dies. However, the person who was responsible for what happened to the deceased person is not legally absolved for the harm that your family member endured before they died.

The estate can file a survival lawsuit alongside the wrongful death case, seeking the damages that the deceased person suffered between the time of their injury and their death. They may not have died right away after the accident, and they could have endured a considerable amount of harm themselves.

Damages in a survival lawsuit can include:

• The medical bills to treat the deceased person
• Lost wages between the time of their injury and death
• Pain and suffering from their injuries
• Emotional distress from the accident

These damages can also be considerable. If the estate is successful in the survival lawsuit, the proceeds will be distributed in accordance with the terms of the will.

Who Is Allowed To Sue for Wrongful Death?

Oklahoma law specifies who may be able to file a wrongful death lawsuit. According to the law, only the personal representative of the deceased person may file a wrongful death lawsuit. If there is no personal representative because the deceased person did not have a will, the court would appoint one, who would then file the wrongful death lawsuit.

Other states have laws that allocate wrongful death settlements based on a certain statutory formula. In Oklahoma, the court would distribute the wrongful death settlement among the survivors based on the damages that they have suffered when their loved one died. The personal representative would agree to settle the claim in accordance with the fiduciary duty that they owe the heirs.

Am I Eligible To File a Wrongful Death Lawsuit?

If you have any questions about whether you may file a wrongful death claim, you should seek advice from an experienced attorney. They will review your legal status under the law and advise you whether you qualify to potentially file a lawsuit. They will also review your specific case and let you know whether you have a potential case against the responsible party.

Even though you are going through a difficult time, you should speak with an attorney sooner rather than later. Your lawyer could then take over the details of your case so your family can focus on each other and your healing process.

Challenges in a Wrongful Death Lawsuit

Wrongful death cases are never easy. Your family may be forced to relive trauma and grief as you seek to deal with the shock of losing a loved one. The last thing that you may want to do is deal with the legal process when the insurance company and defendant are trying to protect themselves at all costs.

Some challenges in a wrongful death lawsuit include:

• Compiling the evidence that you need to win your case when your loved one is no longer around to testify about what happened
• Estimating the value of your damages and being able to prove them when wrongful death damages can be largely subjective in nature
• Dealing with an insurance company that does not want to pay you what you deserve
• Figuring out how to accept the money, whether you want a lump-sum distribution or a structured settlement agreement

Your family is best served when you hand the details of a wrongful death case to an attorney and let them handle the legal process. Your family would work closely with the attorney throughout the process, making key decisions on the advice of your wrongful death lawyer.

Contact the Norman Wrongful Death Lawyers at Nix Patterson Today

If your family has tragically lost a loved one, you may be able to take legal action against the responsible party. Your family may be entitled to a substantial amount of financial compensation. The Norman wrongful death attorneys at Nix Patterson will handle your wrongful death case in a diligent and compassionate manner, fighting for your family while we respect your mourning process. You can schedule a free initial consultation with one of our wrongful death attorneys by calling us today at 512-328-5333 or sending us a message through our website.