Oklahoma’s Wrongful Death Lawyers
Understanding Wrongful Death: Definitions And Legal Grounds
Who Can File A Wrongful Death Claim In Oklahoma?
Types Of Damages Recoverable In Wrongful Death Cases
How Wrongful Death Settlements Are Calculated
The Role Of Negligence And Evidence In Wrongful Death Lawsuits
Loved One Killed In A Wrongful Death Accident?
The loss of a loved one in a wrongful death accident is a devastating experience. The emotional toll is immense, and the financial implications can be overwhelming. Understanding your legal rights in such a situation is crucial. It can provide a path to justice and financial relief.
At Polchinski & Smith Personal Injury Lawyers, we are committed to justice and accountability. Our firm will guide you through the complexities of your wrongful death case. We will use the maximum legal recourse available to you and your family to right any wrongs.
Our goal is to help you navigate this challenging time. We strive to secure the best possible outcome for your case.
Understanding Wrongful Death:
Definitions and Legal Grounds
A wrongful death accident refers to a fatal incident caused by another party’s negligence or intentional harm. It’s a tragic event that could have been avoided if proper care was taken.
In legal terms, wrongful death is a civil action. It allows the survivors of the deceased to file a lawsuit against the party responsible for the death.
Common causes of wrongful death accidents include vehicle collisions, medical malpractice, and workplace accidents. Each case is unique and requires a thorough investigation to establish liability. The legal criteria for filing a wrongful death lawsuit include:
- The death of a person caused by another’s negligence or intent to cause harm
- The survival of family members who are suffering monetary injury as a result of the death
- The appointment of a personal representative for the decedent’s estate
Understanding these definitions and legal grounds is the first step towards securing justice for your loved one.
Who Can File a Wrongful Death
Claim in Oklahoma?
In Oklahoma, the right to file a wrongful death claim is typically reserved for the personal representative of the deceased’s estate. This is often a close family member, such as a spouse, parent, or child.
However, if the deceased did not appoint a personal representative, the court can appoint one. This representative acts on behalf of the deceased’s estate and surviving family members.
Understanding who can file a wrongful death claim is crucial. It ensures that the right individuals are taking the necessary steps towards securing justice and compensation.
Types of Damages Recoverable
in Wrongful Death Cases
In a wrongful death lawsuit, the damages awarded attempt to compensate for the losses suffered due to the death. These damages can be both economic and non-economic in nature.
Economic damages cover quantifiable losses. These include medical expenses, funeral and burial costs, and lost wages or benefits. Non-economic damages, on the other hand, compensate for intangible losses. These include pain and suffering, loss of companionship, and emotional distress.
The types of damages that can be recovered in a wrongful death case include:
- Medical expenses incurred prior to death
- Funeral and burial costs
- Lost wages and benefits
- Loss of companionship
- Pain and suffering
- Emotional distress
Understanding the types of damages recoverable can help set realistic expectations for the outcome of a wrongful death lawsuit.
How Wrongful Death Settlements Are Calculated
The calculation of wrongful death settlements is a complex process. It involves a thorough evaluation of both economic and non-economic damages.
Economic damages are typically easier to calculate. They are based on tangible financial losses, such as medical bills and lost income. Non-economic damages, however, are more subjective. They are determined based on the severity of the emotional distress and loss of companionship suffered.
Understanding how wrongful death settlements are calculated can provide clarity. It can help you comprehend the potential value of your claim and the factors that influence it.
The Role of Negligence and Evidence
in Wrongful Death Lawsuits
In wrongful death lawsuits, establishing negligence is crucial. Negligence refers to a party’s failure to act with the level of care that a reasonable person would have exercised under similar circumstances.
Evidence plays a pivotal role in proving negligence. This can include medical records, accident reports, witness testimonies, and more. Gathering and preserving this evidence is vital to building a strong case.
Understanding the role of negligence and the importance of evidence can significantly impact the outcome of a wrongful death lawsuit.
Why Choose Polchinski & Smith Personal Injury Lawyers
for Your Wrongful Death Case?
At Polchinski & Smith Personal Injury Lawyers, we understand the complexities of wrongful death cases. Our seasoned wrongful death lawyers have a proven track record of securing major settlements for our clients.
We operate on a contingency fee basis, meaning we only get paid if we win your case. This underscores our commitment to securing the best possible outcome for you.
Our personalized approach ensures that we understand your unique circumstances. We work tirelessly to provide you with the legal representation you deserve.
Our Commitment to Justice and Accountability
Our commitment to justice and accountability sets us apart.
We believe in holding negligent parties accountable for their actions.
We understand the emotional toll a wrongful death lawsuit can take.
Our compassionate attorneys provide emotional support
and guidance throughout the legal process.
At Polchinski & Smith Personal Injury Lawyers, we are not just legal professionals.
We are your trusted advocates and allies, committed to
securing justice for you and your loved ones.
Securing Your Legal Rights and Future
Navigating the aftermath of a wrongful death accident can be overwhelming. At Polchinski & Smith Personal Injury Lawyers, we are committed to guiding you through this difficult time. Our experienced wrongful death attorneys will help you understand your legal rights and the steps involved in securing a fair settlement.
We understand the importance of securing your future and the future of your loved ones. Our dedicated team will work tirelessly to ensure you receive the compensation you deserve.
Remember, you are not alone in this journey. With Polchinski & Smith Personal Injury Lawyers by your side, you can focus on healing while we focus on securing justice for your loved one.
