Wrongful death claims are complex and require certain expert attention. Loosing a loved one for any reason is devastating. But to loose loved-one because of someones negligence or in an at work accident is gut wrenching. Whenever a death is caused by negligent conduct the wrongdoer will be forced to pay. If the death was done intentionally or with gross negligence, punitive damages, or those damages that are designed to punish may be recovered. When a family suffers a wrongful death the trauma of the death itself sometimes makes the case feel impossible to prosecute. Understandably, the loss leaves us unable to consider who is legally responsible. Rather we’re consumed with grief and the prospect of life without the loved one. If you’ve suffered a wrongful death take care of yourself and then call us.
Wrongful Death Lawsuit
The family left behind is who files the wrongful death lawsuit. Each state has its own formula for determining the distribution of any recovery for wrongful death claims. All of the States provide that the lawful spouse is a designated beneficiary. See Lewis v. Allis Chambers Corp., 615 F.2d 1129.
Estate Planning and probate in most States take the approach that if the deceased leaves a child or children, and a Spouse, then the distribution will pass one half to the widow or widower and the other half to the children. If the victim of the wrongful death leaves no spouse or the spouse is also the victim of wrongful death then the whole of the recovery passes to the children as sole beneficiary’s of the wrongful death victim.
If the victim of the wrongful death dies without a spouse or children then the recovery will be passed to the mother and father of the deceased. When the wrongful death is inflicted on a child most states provide that the beneficiary is the Mother and Father, and in the case they are also deceased, the Grandparents or Brothers and Sisters of the wrongful death victim.
Money Damages in Death Lawsuits
The recovery from a wrongful death claim is calculated using a variety of factors. The first consideration is the strength of your case. If the cause of death is absolutely clear the wrongdoer is more apt to settle the case early so as to avoid trial. If the cause of death is attributable to gross negligence or intentional conduct the incentive to settle is greatest. The reason is that in intentional conduct causing death exposes the wrongdoer to unlimited damage claims.
A tool used for calculating economic damages looks at the age of the deceased family member. This formula also looks at the employment history and income earned to date. By collecting this type information the Court is looking towards potential missed future earnings. This potential missed future income together with the number of years remaining in the work force will guide us to a damage amount. There are other factors in calculating damages but the above is a small example of those factors.
Wrongful Death Attorneys With Compassion
Choosing a wrongful death attorney is a difficult task at best. Unlike the normal personal injury claim the wrongful death claim is largely brought by the loved ones family whose injury may not be as clear to the non-legal observer. Additionally, prosecution of a wrongful death lawsuit requires that the wrongful death lawyers not only be experienced in Oklahoma wrongful death actions, but also mindful and extremely empathetic of the unique and crushing loss suffered by the family members. When the unthinkable happens causing a family to require the assistance of a wrongful death claims attorney you can count on us.