Oklahoma Wrongful Death Lawyer
Injuries occur as a result of someone else’s negligence on an hourly basis in the United States, and that’s a trend that shows no signs of going down in volume. While injuries can range in severity from minor to extremely severe, even life-changing and permanent, they do not represent the worst case scenario when it comes to personal injury law.
The worst cases in terms of the difficulty that the parties encounter emotionally, financially and otherwise are those that involve wrongful death. Death may be part of life, but when someone we care about is taken from us unexpectedly and due to the negligence of someone else, the depths of emotion to which many fall are unmatched.
Wrongful Death Claims in Oklahoma
Generally, there are two civil legal theories that have been used to prosecute those parties who may be responsible for the wrongful death of another. In essence, if someone dies due to the negligence of another parties actions, or lack of actions, there is a possibility of a wrongful death lawsuit.
Negligence and Wrongful Death
Negligence is the most common standard used to prosecute a wrongful death case. Negligence is basically a legal term for ‘not reasonable,’ and that’s how a negligence case is usually decided – by comparing what the defendant did versus what a ‘reasonable person’ would have done in the same situation. If the defendant is found by a jury to have acted unreasonably, then the defendant will generally be found liable for damages, regardless of whether the victim was killed or not.
Oklahoma Products Liability and Wrongful Death
One of the most overlooked killers in American society today is defective products. Given the billions of dollars that are spent on consumer goods every year, the pressure has never been greater on corporations to meet the demand of the public. This can often lead to dangerous products being released onto the marketplace, and when a product is defective, the injuries or deaths that result are often completely unforeseen by the ultimate victim.
Oklahoma Wrongful Death Damages
Unlike injury cases where the victim survives, there can be additional options for damages available to the victim’s family in a wrongful death case.
Wrongful Death and Medical Costs
Many times, the victim of the situation does not die immediately, and he or she must be rushed to the hospital in an attempt to save the person’s life. This can involve surgery, extended hospital stays, life support and medications, all of which can come with an extremely heavy cost. These costs can be included in a damages demand in a wrongful death case.
Burial and funeral Costs in Oklahoma
The costs associated with funerals and burials are more expensive now than ever before, and even the most basic services can cost thousands of dollars. Usually, these costs are incurred by the surviving family, and depending on the situation, these costs can be completely overwhelming, especially if the death of the victim was not planned for properly.
Loss of Future Earnings, Oklahoma
When a person is killed unexpectedly and wrongfully, the surviving family members are at a financial loss as well in terms of the income that the victim will not be earning. Wrongful death cases allow for a demand for damages for lost future earnings, and this is usually determined by an equation based on the victim’s age and record of prior income.
Loss of Companionship in Wrongful Death Cases
This is a largely intangible form of damages, and is usually reserved for the victim’s spouse and immediate family. The theory is that those closest to the victim will no longer be able to enjoy and benefit from the presence of the victim, and these benefits can be seen in countless ways and in innumerable situations.
Emotional Distress in a Wrongful Death
Obviously, when someone is killed unexpectedly, the unforeseen tragedy can be crippling to those closest to the victim in an emotional sense. Courts will allow plaintiffs to include a demand for damages for emotional distress, as there really is no situation that inflicts more emotional harm than the sudden death of an otherwise-healthy and vibrant person.
Why Hire an Oklahoma City Wrongful Death Attorney
If someone you love has been killed because of the faulty actions of another, you need to take action, as difficult as that may seem right now. Contact the Oklahoma law firm of Atkins & Markoff immediately to schedule an initial consultation, and one of the firm’s wrongful death lawyers will be able to listen to your situation, to review the facts that led to this horrible result, and to make sound recommendations to you regarding how to proceed based on a foundation of experience and results. Contact the firm today.
If someone you love has been killed by the negligent actions of another, you need to make sure to take action. That should start by contacting the wrongful death lawyers at the Oklahoma law firm of Atkins & Markoff today to schedule an initial consultation. Your wrongful death attorney will be able to help you decide what to do based on the facts you present and the relevant laws that govern your situation.
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