Losing a loved one due to someone else’s negligence or wrongful actions can be devastating. In addition to emotional pain and suffering, the family members left behind may also suffer financial hardship and other damages. If you are considering filing a wrongful death lawsuit in Oklahoma, one of the key elements of your case will be proving liability. Here are some steps you can take to help establish fault in a wrongful death case in Oklahoma.
Identify the cause of death
To prove liability, you need to establish that the defendant’s actions or omissions caused the death of your loved one. This requires a thorough investigation of the circumstances surrounding the death. Some possible causes of wrongful death include car accidents, medical malpractice, defective products, workplace accidents, and intentional acts such as assault or murder. Your lawyer can help you gather evidence, such as police reports, medical records, witness statements, and expert opinions, to build a strong case.
Determine who was responsible
Once you have identified the cause of death, you need to determine who was responsible. In some cases, there may be multiple parties who share liability for the death. For example, in a car accident case, the driver who caused the accident, the owner of the vehicle, and possibly other parties such as the manufacturer of a defective car part or the government entity that failed to maintain a safe road may all be held liable. Your lawyer can help you investigate all potential sources of liability and determine the best course of action.
Prove negligence or wrongdoing
To establish liability, you need to prove that the defendant was negligent or engaged in wrongful conduct that caused the death. Negligence is the failure to exercise reasonable care, while wrongful conduct is intentional or reckless behavior that causes harm. To prove negligence, you typically need to show that the defendant had a duty to act with reasonable care, breached that duty, and caused the death as a result. To prove wrongful conduct, you typically need to show that the defendant intended to cause harm or acted recklessly in disregard of others’ safety. Your lawyer can help you gather evidence to prove negligence or wrongdoing, such as eyewitness testimony, expert opinions, and documentary evidence.
Calculate damages
Once liability is established, you need to calculate the damages you are entitled to recover. Damages in a wrongful death case may include funeral expenses, medical expenses, lost income, lost future earnings, loss of companionship, and pain and suffering.
File a wrongful death lawsuit
To bring a wrongful death claim in Oklahoma, you need to file a lawsuit within two years of the date of death, according to the state’s statute of limitations. Your lawyer can help you draft and file a complaint that sets forth the legal basis for your claim and the damages you are seeking. The defendant will have an opportunity to respond to the complaint and present a defense. Your lawyer can negotiate a settlement or represent your interests in court if the case goes to trial.
Proving liability in a wrongful death case can be complex and emotional, but with the help of an experienced attorney, you can increase your chances of a successful outcome. Contact a personal injury lawyer in Oklahoma who specializes in wrongful death cases to discuss your legal options and get the guidance you need to seek justice for your loved one.
Murray Law Firm is committed to providing compassionate and experienced legal representation to individuals who have lost a loved one due to the negligence or wrongful conduct of another party. We understand that the death of a loved one can be an extremely difficult and emotional time for you and your family, and we are here to support you every step of the way.
Our skilled attorneys have a deep understanding of the laws and procedures regarding wrongful death cases in the state of Oklahoma. We can assist you in identifying the cause of death, determining who was responsible, and proving negligence or wrongful conduct. We also have experience calculating the damages and filing a wrongful death lawsuit to help you seek the justice and compensation you deserve.
At Murray Law Firm, we offer a personalized approach to our clients by working closely with you to fully understand your unique situation and needs. We take the time to listen to your concerns and provide you with the guidance and support you need during this challenging time. Our lawyers have a proven track record of success in representing clients in wrongful death cases and will fight tirelessly to hold the responsible parties accountable.
We pride ourselves on our commitment to our clients and our community. We strive to achieve the maximum possible compensation for our clients to help them move forward with their lives. If you have lost a loved one due to the negligence or wrongful conduct of another party, we encourage you to contact us for assistance. Our legal team is standing by to help you navigate this difficult time and seek the justice and closure you deserve.