According to the Oklahoma Statutes, wrongful death is the death of a person caused by the wrongful act or omission of someone else, if the victim could have filed a cause of action for the same act or omission had he or she survived. In other words, if your loved one would have had the right to file a personal injury claim had he or she lived, your family most likely has grounds for a wrongful death claim. Most wrongful death lawsuits in Oklahoma are based on the claim that someone was negligent.
Negligence is the failure to act with proper care, resulting in harm, injury, or death to another person. Negligence has four parts:
Duty of care: The defendant(s) had a legal or ethical obligation to treat their loved one with care.
Breach: The defendant violated or did not meet the duty of care.
Causation: The defendant’s breach of duty was the actual cause of your loved one’s death.
Damages: Your family suffered losses for which you may seek compensation.
Some wrongful death lawsuits in Oklahoma City are not based on negligence but on other legal theories, such as breach of warranty and intent to harm. If a criminal attacked or assaulted your loved one with the intent to injure or kill, for instance, you may still be able to file a wrongful death lawsuit. A wrongful death case is a civil lawsuit that is separate from the criminal justice system.