The unexpected loss of a child, parent, or spouse in an accident can be a devastating situation for you and your family. If the negligence of others caused the death of your loved one, you might have options for protecting the rights of the deceased, as well as the rights of your family to pursue financial support from the party responsible.
A Broken Arrow wrongful death lawyer could help you take immediate steps to protect your financial future and seek much-needed compensation for your losses. While money cannot replace your loved one, assistance from a compassionate personal injury attorney may help ease the transition and put your family on the road to recovery.
Wrongful death liability may exist whenever individuals act negligently or recklessly in a way that causes the death of others. Various circumstances can lead to wrongful death claims. The most common include:
Other types of situations that might lead to wrongful death claims include motorcycle accidents, commercial truck accidents, defective products or machinery, and some types of workplace accidents. In each of these cases, any misconduct by individuals or companies might make them liable for the deaths of those involved in the accident. A Broken Arrow wrongful death attorney may be able to evaluate situations and determine whether any viable claims exist.
Wrongful death claims are civil lawsuits that allow certain surviving family members to seek compensation for the losses that they have suffered as a result of losing their loved one. Spouses, children, and parents may be eligible to obtain damages from those individuals or entities whose negligent or reckless behaviors directly resulted in the death of a family member.
In a wrongful death suit, a personal representative of the deceased individual’s estate has the right to file a wrongful death suit on behalf of the surviving family members. The court either appoints a personal representative for the estate in a probate action, or the will of the decedent names a personal representative for the estate.
While most wrongful death claims end in settlement, some do go to trial. In most cases, insurance company adjusters take immediate steps to contact the surviving family members of the deceased in hopes of achieving a quick settlement. While these adjustors may seem polite and concerned, their main priority is usually to settle the claim as rapidly and for as little money as possible.
All too often, grieving family members are willing to accept a quick settlement so that they can pay for burial expenses and end the matter. Doing so is not likely to be in the best interests of the surviving family members. Taking the time to consider all potential damage and financial needs caused by the death of a loved one may be critical to obtaining a proper settlement amount in a wrongful death case.
Consequently, getting legal advice before agreeing to a settlement or even talking to insurance adjustors can be highly beneficial. A wrongful death lawyer in Broken Arrow could represent the interests of the deceased party’s estate and their surviving family members in working toward a settlement that genuinely compensates them for their loss.
Oklahoma law permits selected surviving family members of wrongful death victims to seek damages for many different economic and non-economic damages, including medical expenses, funeral and burial expenses, loss of consortium, loss of future income, grief, and even punitive damages in some cases. A Broken Arrow wrongful death lawyer could evaluate your situation and determine what type of damages you and your family might be entitled to through a wrongful death claim.
While a wrongful death claim may be the farthest thing from your mind following the tragic and unexpected loss of a loved one, it might be a valuable consideration as you move through the grieving process. Since there are strict time limits on filing wrongful death claims, it could be essential that you get legal advice about your potential grounds for a claim sooner rather than later, so call whenever you are ready to set up a consultation.