A wrongful death case is basically described as the death of someone who was killed by the wrongful acts of someone else. An example of this would be a car crash where the person who was killed had a green light, but the person who was negligent, due to driving drunk or texting, ran through a red light and T-boned the other person. The resulting death would then be called wrongful.
In a wrongful death case, the person who was killed would be called the “decedent” and the person who killed the decedent is the “negligent”. If you are closely related to the person who died, then you must have proof that your loved one not just died, but died wrongfully. You can do this by demonstrating how the negligent was in the wrong by producing evidence like a bar receipt, surveillance video, or even a text message.
As with most laws, the states have different ways of handling the process of determining who is guilty and who is innocent. Favorable results will depend on whose side you are from. It is easier for the loved one of the decedent to get benefits, but harder for a loved one of the negligent. This is because some states say that family members of the negligent shouldn’t get any benefits from a negligent act, while others say they should get some compensation.
In Oklahoma, a wrongful death case must be brought to court by someone appointed by the decedent in his or her will, or a beneficiary heir within two years of the death. A Lawton attorney suggests speaking with an experienced personal injury lawyer before seeking action in a wrongful death lawsuit. The main concern of these cases will focus on how the decedent suffered until death and the loss of future wages from the time of death.
Before filing a wrongful death case, contact an attorney to find out if there are any specific procedures that should be followed in your state. If filing the case on the side of the decedent, and you or other passengers along with the decedent have suffered an injury, it’s important to make that known to gain the proper amount of compensation.