Negligence is the foundation of most wrongful death claims in Oklahoma. To succeed, you must prove that another person or entity’s careless or reckless conduct caused your loved one’s death, among other legal elements. Doing so requires evidence and a clear understanding of how state law defines negligence.
If your family has experienced such a loss, it’s important to understand how these cases work and how an attorney can help you prove liability. Contact a wrongful death lawyer in Tulsa today for a free consultation if you’re ready to learn more.
What Are the Four Elements of Negligence?
To win a wrongful death lawsuit in Oklahoma, you must prove four legal elements:
- Duty of care: The defendant owed a duty to act reasonably under the circumstances. For example, drivers have a duty to follow traffic laws and avoid causing harm to others.
- Breach of duty: The defendant failed to uphold that duty. This might involve something like distracted driving or failing to maintain safe property conditions.
- Causation: You must show that the breach of duty caused the victim’s fatal injuries. There are two types of causation that must be established: direct cause and proximate cause.
- Damages: Finally, you must prove that your loved one’s death led to measurable losses, such as funeral expenses and pain and suffering.
The burden of proof standard in these cases is typically “by a preponderance of the evidence,” which is about a 51% or higher likelihood. Without sufficient proof of all four elements, the defendant may avoid liability.
The Role of Evidence in Proving Negligence
Evidence is what brings each element of negligence to life. Gathering this evidence quickly is essential since key information can disappear or be destroyed over time. Examples include:
- Police and accident reports documenting the details of the incident
- Medical records linking the cause of death to the defendant’s conduct
- Witness statements describing how the event occurred
- Expert testimony from accident reconstructionists and other professionals
- Photographs and video footage from the scene or nearby cameras
- Employment or maintenance records showing safety violations or inadequate training
The more comprehensive the evidence you bring, the stronger your claim becomes. A skilled wrongful death attorney can internally investigate your case to collect as much proof as possible.
Comparative Negligence in Oklahoma
Oklahoma follows a modified comparative negligence law that could impact the value of your claim. This means that if your loved one was partially at fault for the incident, the amount of compensation from your wrongful death lawsuit may be reduced by their percentage of responsibility. However, you can still recover damages as long as your loved one was less than 51% at fault.
For instance, if total damages are $500,000 and the deceased is found 20% responsible, your family can still recover $400,000. It’s important to have an attorney on your side if shared fault becomes an issue, as they can respond appropriately and work to ensure you recover as much compensation as the law entitles you to.
Contact Our Trusted Tulsa Wrongful Death Lawyers for a Free Consultation
Successfully proving negligence in a wrongful death case almost always requires a deep understanding of Oklahoma law. Gorospe Law Group has over 20 years of experience and has recovered millions for families who’ve lost loved ones due to negligence, which means we’re qualified to help you every step of the way.
Contact our law offices for a free consultation to discuss your case. You only have a limited amount of time to take legal action, so call or message us online today.