What Qualifies As Wrongful Death
Losing a loved one is painful, especially when sudden and unexpected. While the untimely death of a loved one may feel like it was wrongful, certain criteria must be met to file a wrongful death claim.
A wrongful death lawyer can help identify a wrongful death and represent surviving family members when seeking compensation for their pain and suffering. The attorneys of The Tawwater Law Firm review wrongful death claims to determine what qualifies as wrongful death for clients in Oklahoma City, OK, and are standing by to help you.
With this in mind, let’s take a closer look at wrongful death and what factors must be present to seek financial compensation through a wrongful death claim.
What Is a Wrongful Death?
A death is considered wrongful if it occurred as a result of the negligence or misconduct of another party.
In other words, a wrongful death is a death that would not have occurred if it had not been for the recklessness or wrongdoing of another person or entity.
Further, in Oklahoma City, as well as the state of Oklahoma, a death is considered wrongful if the person who died would have been able to file a personal injury lawsuit had they survived.
Examples of What Qualifies as Wrongful Death
There are many ways in which negligence or wrongdoing can cause a wrongful death. The following are some common examples of what may qualify as wrongful death.
Medical Malpractice
Medical malpractice is a form of negligence committed by a medical professional such as a doctor, nurse, or pharmacist. Deaths caused by medical malpractice typically qualify as wrongful deaths.
A wrongful death may be caused by medical malpractice when:
- A life-threatening illness is misdiagnosed
- The wrong dosage of medication is administered
- Surgical errors
Criminal Activity
Criminal activity is both negligent and unlawful. Accordingly, deaths caused by criminal activity, such as murder, qualify as wrongful death.
It should be noted that in addition to deaths that are intentional, deaths that were not intended but occur as a result of a violent assault or other illegal activity may be considered wrongful death.
Accidents Caused By Negligence
Deaths caused by certain types of accidents may qualify as wrongful deaths. Generally, these accidents include those caused by negligence or purposeful wrongdoing.
Car accidents are one of the most common types of accidents that may be caused by negligence that can result in a wrongful death.
Recovering Damages
When a death is considered a wrongful death, surviving family members may file a wrongful death claim in court. Through a wrongful death claim, it may be possible for surviving family members to recover damages such as:
- Burial expenses
- Medical expenses
- Loss of wages the deceased would have earned had they lived
- Grief and loss of companionship
- Mental pain and anguish
Contact The Tawwater Law Firm
If you have lost a family member in what you believe was a wrongful death, you may be entitled to compensation for emotional distress and other damages through a wrongful death lawsuit. To find out if a wrongful death claim is the right course of action for you, please call our Oklahoma City law firm at (405) 607-1400 or contact us online.
