In April 2023, the widow of a man who died in custody of the McCurtain County police department filed a wrongful death lawsuit against the county sheriff. According to the plaintiff’s lawyer, the victim, Bobby Dale Barrick, seemed to be going through a mental health episode on March 13, 2022, which led to him shattering a convenience store’s glass door. The lawsuit asserts that witnesses saw the deputies applying a chokehold, using a baton, and discharging a Taser at least four times.
Following this, Barrick ceased breathing and exhibited symptoms akin to seizures, as noted in the lawsuit. The lawsuit accuses the deputies of using excessive force during Barrick’s arrest, leading to his death.
A wrongful death, as the term suggests, occurs when someone’s life is cut short due to another’s negligence or wrongful action. It’s more than an unfortunate incident—it’s a legal concept. Essentially, if the deceased could have pursued a personal injury claim had they survived, their representatives can likely file a wrongful death lawsuit. Typical examples include fatalities resulting from car accidents, medical malpractice, or unsafe working conditions. This legal mechanism acknowledges the loss suffered by the deceased’s family and provides a potential avenue for compensation.
In any wrongful death lawsuit, certain elements must be present. The first is the death of a person. It sounds simple, but the fact of someone’s passing is the foundation of the case. Second, the death must have been caused by someone else’s negligence or intent to harm. For instance, reckless driving or faulty safety measures at a workplace. The third element is the financial hardship the deceased’s family or dependents are experiencing due to the death. This could be loss of income, medical bills, or funeral expenses. Lastly, a representative for the deceased’s estate must be appointed. These are typically family members, but they can also be legal executors if no immediate family is available.
In the aftermath of a tragic loss, understanding who can file a wrongful death lawsuit is vital. Typically, the lawsuit is initiated by a representative of the deceased’s estate, often an executor named in the will. However, state laws vary, and in many jurisdictions, the following individuals can also bring a wrongful death lawsuit: spouses, children, and parents of unmarried children. In some states, other family members like siblings or grandparents can file a claim, especially if they were financially dependent on the deceased. The goal of a wrongful death lawsuit is to provide some financial relief to those left behind, who are often dealing with immense emotional and financial stress.
Timing plays a pivotal role in filing a wrongful death claim. Each state has a time limit, known as a statute of limitations, which dictates when such a lawsuit must be filed. In many jurisdictions, this time frame is two years from the date of the individual’s death, but it can vary. If a claim is not filed within this period, the right to sue might be lost. It’s also worth noting that filing a lawsuit sooner can be beneficial. Over time, evidence can be lost or degraded, and witnesses’ memories can fade. Thus, acting promptly can increase the chances of a successful claim.
The process of filing a wrongful death lawsuit involves considerable paperwork. First and foremost is the complaint or petition. This document outlines the specifics of the claim, including details about the deceased, the party being sued, the circumstances leading to the death, and the damages being sought. Additionally, there may be a need for various affidavits, which are sworn statements often used to substantiate claims in the lawsuit. Also important are the documents related to evidence, such as medical reports, police reports, or witness statements. Finally, if the case proceeds to trial, further documents like trial briefs and jury instructions may be necessary.
Establishing fault is important in any wrongful death lawsuit, which is where evidence comes into play. The burden of proof lies with the person filing the lawsuit, and they must convincingly show that the defendant’s negligence or wrongful action caused the death. Evidence can take many forms. For instance, in a car accident case, police reports, traffic camera footage, or witness testimonies are vital. In a medical malpractice situation, medical records and expert testimonies can be key. Photos, videos, and even emails or text messages can also serve as evidence. Gathering and presenting compelling evidence can significantly strengthen the case and help establish the fault.
In wrongful death cases, compensation or “damages” can be awarded to cover various losses suffered by the deceased’s family. These damages typically fall into two categories: economic and non-economic. Economic damages are those with a specific dollar amount, like lost income from the deceased, medical bills, and funeral costs. Non-economic damages, on the other hand, cover things that don’t have a clear monetary value, such as pain and suffering, emotional distress, and loss of companionship. In some cases, punitive damages may also be awarded as a means to punish particularly egregious behavior. The potential compensation depends on the specifics of the case, and each state has laws defining what can be recovered in a wrongful death lawsuit.
The trial process in a wrongful death lawsuit can seem daunting, but understanding the steps can ease some of the stress. Firstly, the case is presented to the judge or jury. This involves presenting the evidence and witnesses to support the claim. Next, the defendant will have a chance to present their side of the story, offering their own evidence and witnesses. Once both sides have been heard, the plaintiff may present a rebuttal. This is an opportunity to respond to the defense’s claims. Following this, closing arguments are made, summarizing each side’s case. Finally, the judge or jury will deliberate and make a decision. If the verdict is in the plaintiff’s favor, the judge will then decide the amount of damages to be awarded.
Life after a wrongful death lawsuit can be a period of healing and adjustment. A successful lawsuit can provide a sense of justice and closure, alongside easing the financial burden resulting from the loss. But it’s important to remember that compensation doesn’t erase grief. It’s okay to seek support from counselors, support groups, or loved ones to navigate the emotional aftermath. Individuals may also need to manage the received compensation wisely, possibly investing in a financial plan for the future. While the lawsuit’s completion marks the end of a challenging legal journey, it also signifies the beginning of a new chapter—carrying forward the memory of the loved one, while taking steps towards recovery and peace.
If you are dealing with a wrongful death lawsuit, contact us or call us at 918-359-6600 today for a free consultation.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
