Pursuing a Wrongful Death Claim
No amount of money can replace a lost loved one, but there are situations in which survivor(s) might pursue a wrongful death claim against the responsible party.
A wrongful death claim must demonstrate an act of negligence or violence contributed (in whole or part) to the death and that the survivor(s) suffered financial loss as a result. A successful claim may recover burial/funeral expenses, lost earnings and future earnings, punitive damages, and other types of damages.
Selecting a lawyer who understands which situations warrant a wrongful death claim and what the burden of proof is in these situations is critical. If you lost someone due to an act of carelessness or violence, our compassionate Tulsa-based wrongful death attorneys can guide you through the process of seeking justice on their behalf.
When is a Wrongful Death Claim Applicable?
A wrongful death claim may apply in the following situations:
-
Medical malpractice, including:
- Misdiagnosis
- Failure to diagnosis
- Abuse, neglect, or carelessness while providing care
- Birth injuries
-
Automobile, commercial vehicle, or motorcycle accidents
-
Product defects
-
Premise liability
-
Criminal violence, even if the defendant is facing criminal charges
-
Workplace hazards or accidents
(in the state of Oklahoma, most workplace deaths are exempt from wrongful death claims and are instead handled through the worker’s compensation system)
What Does it Take to Prove a Wrongful Death Claim?
To prove wrongful death, the plaintiff(s) must show that the defendant owed a duty to the victim, committed an act of negligence or violence, the defendant’s actions caused the deceased’s death, and that the plaintiff(s) suffered quantifiable damages.
Strong, convincing evidence will be required to prove these points in a lawsuit. Testimony from an expert witness(es) may even be needed. An experienced wrongful death lawyer will help you build your case around the facts and evidence provided.
Let the Experienced Attorneys at Graves McLain Help You
A wrongful death claim can be complicated. That is why it is vital to have someone on your side who understands these types of cases. Our team has extensive experience with the complexity of wrongful death cases and can help you through the process of acquiring all that is necessary to prove your wrongful death case. If you have lost a loved one due to negligence, call us today for a free consultation or complete our free online evaluation. Our experienced attorneys are here to help. Let us handle the legal issues while you focus on supporting your family.