The ongoing trial involving Johnny Depp and Amber Heard has garnered millions of responses all over Instagram and Twitter. It seems many people have felt a newfound interest in courtroom procedures and law in general. Chiaf Law Offices, P.C would like to take advantage of the clout and educate its readers on wrongful death lawsuits.

Our wrongful death attorneys pulled up statistics from the last ten years and the findings are shocking. The data reports that over 90,000 people die due to medical malpractice every year while around 50,000 are victims of motor accidents. Around 20,000 people meet an untimely death each year owing to unsafe premises. Workplace deaths tally up to about 6,000 deaths annually.

What Exactly Are Wrongful Deaths?

The Oklahoma State law refers to wrongful death as death occurring as a result of a “wrongful act or omission of another”. The wrongful act can include -

Accident caused due to negligence
Medical malpractice
An intentional act

Who Can File a Wrongful Death Lawsuit?

Most states let any surviving family member of the deceased file a wrongful death lawsuit. However, Oklahoma law mandates that the personal representatives of the late individual’s estate bring the wrongful death claim to the court.

In most cases the deceased names the executor (personal representative) in their will. In the absence of a will or if the named executor is unable to perform their duties, the court has the legal right to appoint an executor on their own.

Senate Law 1728 of 2020

Senate Bill 1728 was passed in 2020. It states that parents and grandparents now have the right to file a wrongful death lawsuit against a doctor or healthcare provider responsible for the death of an unborn child.

What Damages Can Be Recovered in A Wrongful Death Case?

A wrongful death attorney can recover the following damages -

Pain and anguish suffered by the decedent prior to their death
Grief and loss faced by children and spouse
Financial strain caused by the loss of the decedent’s income
Punitive damages
Medical costs and funeral expenses

Who Pays for the Settlement of the Lawsuit?

Usually, the individual or organization responsible for the death is charged with paying the deceased’s and survivor’s recoverable damages. If the organization has a liability insurance, the insurer may be responsible for paying damages. The insurance company will however conduct an exhaustive investigation to determine the liability. Additionally, the insurer will only pay compensation once the court has dictated who is entitled to the reparation money.

What Can Chiaf Law Offices Do for You?

We have over six decades of experience as a law firm dealing in wrongful death lawsuits. In the face of having lost a loved one, we understand how hard devastation can hit. Our wrongful death attorneys work on a contingency basis. This ensures that you don’t have to pay us a single cent unless we have secured your compensation. We also offer completely free, zero-obligation consultations at our Oklahoma City office. For more information call us at (405) 524-1501.

**This content is not legal advice and does not presume, establish or imply any relationship between client and attorney.

Wrongful Death Lawsuits: Attorneys Answer FAQs