A wrongful death is any death caused by another party’s negligence or wrongful actions. If your loved one died because of another party’s fault, you may be entitled to recover compensation. While no amount of money can compensate for the loss of someone dear to you, recovering financial compensation can help ease some of the burdens caused by their death.
Insurance companies and defense attorneys will work hard to avoid liability. They often raise defenses to a wrongful death claim that must be overcome. At Warnhawk Legal, our Oklahoma City wrongful death lawyers have a proven record of securing multi-million dollar settlements and verdicts for our wrongful death clients, and we want to help you recover maximum compensation for your claim.
How Do You Prove A Wrongful Death Claim?
Most wrongful death claims are based on the legal theory of negligence. To be successful in a wrongful death negligence claim, you must prove that four elements exist:
- The defendant owed the deceased a duty of care.
- The defendant breached the duty of care they owed to the deceased.
- The defendant’s breach of duty caused the deceased’s death.
- You suffered damages that were caused by the deceased’s death.
These elements seem straightforward, but they are often heavily contested and can be challenging to prove. You need the help of an experienced Oklahoma City injury attorney to help you establish your claim and secure the full compensation you are entitled to.
Defenses to A Wrongful Death Claim
Insurance companies and defense attorneys are skilled at defending against wrongful death claims. They often raise strong defenses to avoid or minimize their liability. Some of the most common defenses to a wrongful death claim include:
- The defendant did not owe a duty of care to the deceased. This is a defense to the first element of a negligence claim. If the defendant did not owe a duty of care to your loved one, and the death was accidental, you do not have a valid claim.
- The defendant’s breach of duty did not cause your loved one’s death. The defendant may argue that the death was caused by something other than the defendant’s actions. You must have an experienced wrongful death lawyer who knows how to uncover and establish causation and liability.
- The deceased’s own negligence caused their death. If the defendant can prove that the deceased person’s negligence contributed to the death, they can avoid or minimize their liability. Oklahoma’s comparative negligence statute bars recovering compensation if the deceased person was more than 50% at fault for the accident that caused their death. If they are 50% or less at fault, you can still recover damages, but the amount of your compensation will be reduced by the percentage of fault assigned to the deceased.
- You waited too long to file a claim. Oklahoma’s statute of limitations for a wrongful death claim is two years. This means you must file your claim within two years of your loved one’s death. However, you should consult an Oklahoma wrongful death lawyer as quickly as possible so they can take action to preserve evidence and protect your right to secure maximum compensation.
How An Experienced Oklahoma City Wrongful Death Lawyer Can Help Prove Your Claim
An experienced Oklahoma City wrongful death lawyer will carefully examine the facts of your loved one’s death to identify all possible causes and potentially liable parties. They can take fast action to help preserve essential evidence before it is lost or destroyed, and can work to uncover proof to build your strongest case.
Your attorney can help establish and accurately value all your damages so you know what a fair settlement of your claim would be. They can work to resolve your claim as quickly as possible, and if a fair settlement is not reached, they can take your case to trial to help you secure maximum compensation for your damages.
Schedule A Free Consultation With A Warhawk Legal Wrongful Death Lawyer
If you have lost a loved one due to another party’s negligence or wrongdoing, you may be entitled to recover compensation for your damages. However, insurance companies and defense attorneys will likely raise defenses to your claim that must be overcome with strong evidence and a solid legal strategy.
At Warhawk Legal, our Oklahoma City wrongful death attorneys have the experience, skills, resources, and proven record to help you secure maximum compensation. Call (405) 397-1717 or complete the short form on our contact page and schedule a free consultation to discuss your wrongful death claim.