Can You Seek Wrongful Death Compensation?
A wrongful death comes under a charge of personal injury when the deceased's loved ones seek economic or non-economic compensation. The person at fault in such a case is not entitled to avoid civil liability. While the money cannot compensate for the loss of life, this is the only remedy provided in such cases by statute though. So, the victim's decedents seek monetary compensation with the help of a wrongful death attorney.
Elements Making a Legit Wrongful Death Claim:
For money to be obtained, the lawsuit must include elements that are known by the law of the State. In addition, the rule of law in most states requires the following criteria for accepting an argument as legitimate:
Victim's death: The first and foremost feature of the allegation of wrongful death is that the victim died in the same incident. Unless the incident happened and made the individual seriously injured but is still alive, the argument is not deemed valid.
Death was caused by the defendant's negligence: The defendant's negligence must be caused by death. It applies to the fact that the defendant was expected to take into account the treatment requirements but ignored certain requirements that caused the individual's death.
For example, if the victim died as a result of a car accident, the defendant may not have followed the safety rules, care or warning a sensitive person would have done. Generally, negligence means someone has done something that has caused death, it may be a doctor who makes a mistake during surgery, or refuses to do something that might prevent death.
Determining the Damage Severity:
In the wrongful death case, there may be few problems that could occur. Some of the most difficult things are to assess how much harm the complainant is causing. To assess that, there are numerous considerations that the court will find compensating, such as:
The decedent's previous income history
The future increases the decedent should have earned
The life expectancy and wellbeing of the decedent to influence the amount of income lost due to the defendant.
In addition, the court must also determine the non-monetary obligations of deceased individuals to the family, such as housekeeping and treatment.
When the court decides the number of damages, the plaintiff can be liable for medical costs, funeral expenses and other financial losses such as loss of potential employment, companionship, loss of property, pain and suffering. In case the defendant's acts that caused the death were malicious or heinous, the court will award punitive damages which means the defendant will be disciplined and prevent him or her from carrying out those actions in the future.
Limitations Statute:
The complainant typically has very limited time to sue for such proceedings, which is generally two or less than two years. The statute of limitations also relies on the laws of the individual state. Unless the plaintiff refuses to bring the case before the expiry of this time limit, the right to compensation will be denied unless special circumstances occur.
In Oklahoma, there are three statutes of limitations on the charges of wrongful death:
In most cases, the plaintiff may bring a lawsuit within 2 years of death.
If medical malpractice occurred 3 years from the date of the accident, or 1 year from the time the cause of death was found.
If a complaint is brought against a government agency, the plaintiff has 6 months to file a lawsuit.
In addition to these statements, there are also other rules and procedures. If you suffer because of your loved one's death, the wrongful death attorney in McAlester will definitely provide you with insurance for the damages. Visit the Oklahoma Legal Team for assistance.
**Disclaimer: No content on this page is intended to be qualified legal advice; nor establish attorney-client privilege or terms of such a relationship.