Losing a loved one suddenly and unexpectedly can destroy your entire life. When you learn that the death was caused by someone’s recklessness or negligence, your grief may turn to anger over the injustice of the situation.
A wrongful death claim is one option that could help you achieve some form of justice. While nothing can bring your loved one back, a successful wrongful death claim could provide you with compensation you need to start putting your life back together.
According to Oklahoma law, the representative of your loved one’s estate may file a wrongful death claim. The claim must be filed within two years of the death.
The elements of a wrongful death lawsuit
As with a personal injury lawsuit, you must prove negligence to succeed in a wrongful death claim. This requires proving:
- Duty of care
- Breach of duty
- Causation
- Damages
You must show that the other side had a duty to protect your loved one’s safety.
For example, in a wrongful death case involving a car accident, you must show the driver had a duty to drive safely. If your case is based on medical malpractice, you must show that the medical provider had a duty to ensure your loved one’s health.
To prove a breach of duty, you must show how the other side failed in their duty of care. In the car accident example, this could be running a red light, while in the medical malpractice example, it might mean providing an incorrect prescription.
Causation is often the most challenging to prove. You must show that the breach of duty led to your loved one’s death. There are many types of evidence you can use to prove causation, such as witness testimony, photographs, video evidence or professional opinions.
Compensatory and punitive damages
Proving damages requires showing the exact loses you incurred due to the death. Damages may include compensatory or punitive damages.
Compensatory damages are meant to compensate you for your loss and can be economic or non-economic. Compensatory damages include funeral and burial expenses, medical expenses, lost wages, pain and suffering and loss of companionship and support.
Punitive damages are not meant to compensate you for your individual losses but are meant to punish the negligent party. The purpose of punitive damages is to discourage others from engaging in the same behavior in the future.
Gathering your evidence
Evidence you need to prove damages includes documentation of specific losses, such as medical bills, burial costs and your loved one’s pay stubs to prove lost wages.
Certain documents might be required, such as your loved one’s death certificate, medical examiner’s report and any police reports. Knowing what types of evidence are the strongest in your case and how to obtain them can make a difference in the outcome.
Although the result of a successful wrongful death claim is financial, pursuing wrongful death damages is about more than money. It can provide you with a way to hold the negligent party responsible and honor your loved one’s memory.