Wrongful Death Lawsuits After an Auto Accident

Wrongful death is a legal term that refers to situations in which someone is killed through the negligent behavior of someone else. A wrongful death claim is a civil lawsuit, not a criminal one. It may be filed by surviving family members or some other injured parties on behalf of the deceased to recover costs and damages for pain and suffering, medical and other expenses, lost wages and benefits from pension plans, loss of companionship, and mental anguish.

Although every state has different laws, fatal auto accident claims all share several common features:

* The death means that police will be involved and records will be secured immediately.
* Someone other than the decedent must be found at least partially at fault for the automobile accident.
* Insurers will do their best to protect themselves from any liability.
* The case will require the help of an experienced automobile accident attorney who has complex injury litigation experience.
* Filing a wrongful death claim.

In order to file a wrongful death suit, you must show that:

* The death of a person was caused by a wrongful act, neglect, or default.
* The act, neglect, or default would have entitled the injured person to file an action to recover damages had the death not occurred.
* Monetary damages resulted from the decedent's death.

Only certain individuals can file wrongful death claims on behalf of the surviving spouse, children, or parents, such as the executor, administrator, or personal representative of the estate of the deceased. Siblings and cousins of the decedent do not have the right to bring a lawsuit unless they were named as guardian or personal representative of the decedent.

The amount of damages that the surviving family can recover in a wrongful death claim includes loss of income, loss of companionship, loss of guidance and advice, loss of services, loss of protection and assistance, and other factors that bear upon the relationship between the victim and the surviving family.

If a loved one was killed in an auto accident as a result of the negligence of someone else you should contact one of the skilled Oklahoma car accident attorneys.