Things You Need to Know Before Making Wrongful Death Lawsuit
If any death is caused by the negligence or wrongdoing of any other individual instead of the deceased person, it can be regarded as a wrongful death. In such a situation, the family or loved ones of the deceased person can claim for compensation and file a civil lawsuit. A monetary compensation is given by the individual who is at fault to help the family of the deceased. However, there are a lot of legal proceedings that a person needs to go through while claiming monetary compensation.
The compensation is needed for various reasons like medical bills, funeral costs, and other damages. Moreover, if the deceased person was the single breadwinner of the family, the amount of monetary compensation may increase. Some of the important things that you need to learn about wrongful death are as follows.
Who Owns the Burden of Proof?
Burden of proof refers to the evidence that proves the death has been caused by negligence and wrong doings of any other individual. That person is also known as a plaintiff.
When to Make a Wrongful Death Claim?
There are four claims that should be proven while making the claim.
Duty of Care-
The first duty of the plaintiff is to prove that the defendant had a duty of care to the decedent. It is the duty of the defendant to ensure care and caution towards the decedent. If the duty of care is not followed, it will be considered as breach of duty. While taking the final decision, a lot of things will be taken under consideration to determine the role of the decedent.
Breach of Duty-
If the plaintiff can prove that the defendant has violated any of the duty then it will be considered as breach of duty. For example, if it is shown in any evidence that a person is killed due to distracted driving, compensation should be claimed right away.
Causation-
The plaintiff needs to show that the distraction has caused direct harm to the person. For example, if the decedent has died due to a direct collision it should be proved that fatal injuries have taken place at that time.
When to Claim for Wrongful Death Compensation
Medical Malpractice that may cause death
Aeroplane or automobile accidents
Criminal behavior
Death at the time of supervised activity
If you are looking for a wrongful death attorney in McAlester, we, at Oklahoma Legal Team, are happy to help you. Give us a call and book your schedule today.
**Disclaimer: No content on this page is intended to be qualified legal advice; nor establish attorney-client privilege or terms of such a relationship.