Understanding a Wrongful Death Claim: What You Need to Know
Unlock the secrets to a successful wrongful death claim. Learn how to navigate the legal landscape and secure justice for your loved ones now.
You can file a wrongful death claim if you believe your loved one has died due to another party’s fault, and you can receive financial compensation for the hardships faced after the person’s death. A claim can take between several months to years to resolve, and you have a maximum of two years from the death to file.
According to World Population Review, there are over 172,000 deaths per day. Of course, death is an inevitable part of life, and many of these deaths are natural ones. However, the unfortunate fact is that numerous lives are cut short too early, and these deaths aren’t always blameless either.
While there’s nothing that can bring back the life of a loved one, there are ways to hold those responsible accountable. One way is through a wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim is an action you can file when someone’s life is taken due to another party’s:
- Negligence
- Recklessness
- Intentional misconduct
Typically, surviving family members file the claims on behalf of the deceased. The purpose is to seek compensation for both the financial and emotional losses caused by the death.
Common situations that can lead to such a claim include:
- Car accidents
- Medical malpractice
- Dangerous property conditions
- Defective products
- Workplace incidents
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYWhat Is the Maximum Payout for Wrongful Death?
In the state of Oklahoma, there isn’t a blanket cap on maximum payouts for economic damages for wrongful death cases. This means that you and your loved ones can recover the full value of medical costs, as well as lost income and funeral expenses.
What’s even better is that non-economic damages have no caps as well if the wrongful death is from negligence. This allows families to get the maximum payout for things like grief, emotional distress, and loss of companionship.
The only thing that may be capped under Oklahoma law is punitive damages. This will depend on the level of misconduct.
Also, the total payout will vary depending on:
- The deceased person’s age
- The deceased person’s earning capacity
- The extent of the family’s loss
- Whether the conduct was especially reckless
How Long Does a Wrongful Death Claim Take?
A wrongful death claim can take anywhere between several months and a few years to resolve. If your case is a straightforward one with clear liability, then it should settle within 6-12 months.
However, more complex cases can take 18-36 months or longer to resolve. These things can lengthen the duration:
- Disputed fault
- Multiple defendants
- Medical malpractice
In addition, if your case goes to trial, and expert witnesses are required, this can drag out the case. If the at-fault party refuses a fair settlement, this can lengthen the time too.
Do note that Oklahoma’s statute of limitations gives you two years from the date of death to file a claim. So the earlier you act, the better, as this can prevent unnecessary delays.
What Are the Chances of Winning a Wrongful Death Claim?
The chances of winning a wrongful death claim will depend on several factors:
- Strength of the evidence
- Clarity of liability
- Quality of legal representation
When there’s clear negligence, you’ll have a higher likelihood of success. For example, if there was a fatal car crash caused by a drunk driver, then the chances of winning are pretty good. However, the case can become more challenging if liability is disputed or involves complex issues (like medical malpractice).
Your success can also be affected by:
- How quickly evidence is gathered
- Whether witnesses are available
- The insurance coverage involved
Of course, no wrongful death lawyer can guarantee results. However, if you choose an experienced and reputable lawyer, this can significantly increase your odds. The legal professional can build a compelling case for damages by investigating thoroughly and negotiating effectively, which can provide a huge relief for you and other loved ones.
Frequently Asked Questions (FAQs)
What Damages Are Awarded in a Wrongful Death Lawsuit?
The compensation for a wrongful death lawsuit typically includes:
- Medical bills related to the final injury or illness
- Funeral and burial expenses
- The income the deceased would’ve contributed to the household
The damages are designed to compensate surviving family members, both financially and emotionally. This means they can also pursue compensation for loss of:
- Companionship
- Guidance
- Emotional support
Are Wrongful Death Lawsuits Civil or Criminal?
Wrongful death lawsuits are considered civil claims, not criminal actions. What this means is that the goal is financial compensation for the surviving family members, rather than punishment of the at-fault party.
This type of civil lawsuit is typically handled in district court and is filed by the personal representative of the deceased person’s estate. It can go ahead even if the responsible party is also facing criminal charges (such as manslaughter or homicide).
What’s great is that the burden of proof is lower in civil court. So families can still win compensation, even if prosecutors don’t secure a criminal conviction.
What’s the Difference Between Wrongful Death and Malpractice?
The difference between wrongful death and malpractice is that the former is a broad civil action that covers any death caused by another party’s negligence, recklessness, or intentional act. On the other hand, medical malpractice is a specific type of negligence claim that involves healthcare providers.
Do note that a wrongful death claim can come from medical malpractice if a doctor, nurse, or hospital failed to meet the standard of care, and this resulted in the death.
Get Your Wrongful Death Claim Started Today
Filing a death claim can be difficult on your own, especially if you’ve recently suffered the loss. But you don’t have to go through a wrongful death claim on your own.
Instead, use our wrongful death attorney services. We have over 65 years of combined legal experience, and because we want to help you maximize your compensation, we don’t charge you a fee unless you win. We’re dedicated to getting justice for those who deserve it the most.
Get in touch with us today to schedule your free consultation regarding your wrongful death lawsuit. BDIW Law has placed in The National Trial Lawyers Top 100.
