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What is wrongful death and how is a wrongful death case pursued?

Have you lost a loved one because someone was negligent or because your loved one was murdered? One avenue of making the person responsible for this death is to file a wrongful death suit. Most of the time, a wrongful death suit will be filed after the criminal trial is over. This is because the evidence can be used from the criminal case. There is a lower standard of proof that applies to a civil suit of wrongful death. It really doesn't matter if the person who did the deed was found guilty in the criminal case or not.

A suit for wrongful death can be brought by the personal representative of the dead person's estate. There are statutes in the laws of Oklahoma that may help make the issue much clearer. You may also want to talk to an attorney who has experience in this type of situation.

Some of the issues that can be brought against the person responsible are actions for personal injury, pain and suffering and expenses incurred because the person passed away. If the person has a will in place when he or she died, the people named as heirs in the will can receive recompense in place of the decedent.

Some of the overriding issues that need to be hashed out before a suit can be filed are as follows. The deceased has to be a human being. The death had to be caused by someone else's negligence or with an intent to harm. The suit must be on behalf of the remaining family and there must be someone to represent the person who is dead and his or her estate.

Talking this through with an attorney, on top of looking at the laws of Oklahoma, can help you see what needs to be done and when it needs to take place.

Source: FindLaw, "Wrongful death overview," accessed Dec. 07, 2015

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