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Articles Tagged with Wrongful Death

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Wrongful death cases can become tragic for the family of the person who has passed away. Though it is not possible to quantify the loss a family suffers when they lose a loved one, their death may bring about unexpected financial challenges. A wrongful death lawsuit, which is based on the tort law civil lawsuit being the equivalent of criminal charges, can lead to compensation for the family of the accident victim. Therefore, the judge may look into the valuation of the deceased person’s life along with the wrongful act of the defendant in order to help the family to find the correct figure for the wrongful death lawsuit.

An able-bodied person who was the sole breadwinner of the family before passing away due to the wrongful act or omission of the defendant can yield a substantial amount of compensation due to economic and non-economic damages that can be proved in court in a wrongful death lawsuit. On the other hand, finding the valuation of human life can become controversial in the event that the deceased person is a senior citizen who has retired or who is an infant.

If an infant dies due to a car accidents, birth injury or any other reason that can lead to a wrongful death lawsuit, the case will be evaluated essentially on the basis of the economic losses suffered that the parents have suffered. There are various factors that the court will examine, including the age of the child, health, earning potential of the child as well as the relationship between the deceased child and the claimant.

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Car accidents are notorious for their ability to cause serious injuries, including but not limited to traumatic brain injuries, neck injuries, external and internal bleeding and in many cases even death. When an Oklahoma resident dies due to the wrongful act or negligence of another, the victim’s surviving relatives have the right to initiate a wrongful death lawsuit against the defendant.

Numerous auto accidents are caused by a driver’s willful or reckless behavior in violating traffic laws. The accident investigations often reveal the circumstances of the accident and may assign fault to the negligent driver. Demonstrating fault is essential in holding a negligent party responsible for the loss of a loved one.

The attorneys at Hawkins Law Firm use reports gathered and elaborated upon by officials to prove their case. Eyewitness accounts as well as medical histories may also be brought forward to demonstrate damages. The at-fault motorist’s driving history may also play a role in determining the final outcome of a wrongful death suit.

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A number of Oklahoma residents are admitted into nursing homes every year for treatment of various ailments and diseases. As a result, Oklahoma nursing homes are subjected to a plethora of rules and regulations that must be mandatorily adhered to under both federal and Oklahoma regulations.

However, the heartbreaking reality is that most nursing homes do not comply with the stringent guidelines and rules they must follow. Various inspections and surprise checks and studies have shown that most nursing homes fail into approximately seven federal regulations and about 92 percent of nursing homes do not meet the various standards laid down by the federal government.

Nursing home abuse is a dark reality that plagues many residents on a daily basis. Families of nursing home residents often pay significant costs for the care and treatment of their loved ones. Typically, the elderly and chronically ill patients are admitted to nursing homes for prolonged treatment and care. In cases of nursing home abuse, costs and a speedy justice for the abused becomes a cause of concern. The Center for Medicare and Medicaid Services has introduced the method of Informal Dispute Resolution (IDR) to help in such cases.

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Across the United States, thousands of people die every year as a result of fatal motor vehicle accidents. Those fatal motor vehicle accidents often have far-reaching consequences, both personally and financially. The loss of a loved one paired with funeral expenses and loss of earning can have a devastating effect on a family’s well-being. In some situations, a fatality in such an accident may be considered a wrongful death, and state laws allow for the deceased accident victim’s family members to claim compensation.

An instance where the death of a motorist was caused by the negligence or recklessness of another driver might be considered grounds for a wrongful death lawsuit. The accident victim’s surviving family members may have the legal right to sue the other driver for wrongdoing and claim damages and compensation for their loss. This may include the recovery of lost income and benefits, along with compensation for pain and suffering.

Medical bills accrued prior to the death of the accident victim as well as wages lost as an indirect result of the accident can also be recovered in the event that the family chooses to sue for compensation. The compensation will be divided among the heirs. Such compensation can at least help the family members address some of the financial issues that come up after the accident.

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One person was killed recently in a multi-vehicle accident on I-35 in Moore, Oklahoma. According to an Oklahoma Highway Patrol trooper, the accident was caused by a vehicle traveling on the highway in the wrong direction. The trooper stated that a 21-year-old man from Norman, Oklahoma, was driving a car southbound in the northbound inside lane and collided head-on with another vehicle.

After the head-on collision, the 21-year-old’s car continued traveling until it left the roadway and hit a concrete barrier wall and a third vehicle. Debris from this collision hit a fourth car. Soon after the accident, emergency crews reached the scene.

The driver of the car that was struck by the wrong-way vehicle, a 42-year-old woman from San Antonio, Texas, was declared dead at the scene. The passenger in her vehicle was taken to a medical center and was reported to be in good condition. The 21-year-old wrong-way driver was admitted to OU Hospital in critical condition, while a passenger in his car refused treatment at the scene. The drivers of the third and fourth vehicles were not taken to the hospital.

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Oklahoma residents may be interested to know that the Centers for Diseases Control and Prevention provides information related to motor vehicle crashes. For example, one study publicly available analyzed the costs associated with deaths caused by motor vehicle accidents in 2005. According to that study, a staggering 30,000 people are killed in the United States every year due to motor vehicle accidents.

Those fatal accidents not only lead to the loss of life but also result in losses amounting to billions of dollars due to work-loss costs and medical expenses. According to CDC estimates, the monetary losses incurred due to fatal car crashes were a staggering $41 billion. Interestingly, the data showed that only 10 states contributed to more than half of that loss.

Oklahoma, fortunately, was not among the top 10 states on that list; however, despite that, the total estimated monetary loss from crash-related deaths during that year was $700 million. Interestingly, only $7 million, or just 10 percent, was for medical treatment. The remaining costs, amounting to $693 million, were due to loss of work.

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Many Oklahoma residents are worried about the well-being of their loved ones who are placed in nursing homes. Probably the concern arises when people think about the level of attention and care those loved ones need against the various reported incidents of nursing home abuse and neglect commonly featured in the media. Though many incidents of nursing home neglect and abuse may not be fatal or cause great harm but there have been some cases of nursing home deaths.

However, a new bill introduced in the Oklahoma legislature may now make it possible for a nursing home to be held liable if a resident dies or suffers serious injury while in a nursing home setting. According to reports, the new law would create a review board empowered to investigate all cases of injuries and death at nursing homes in Oklahoma. The investigations would be targeted toward determining if the death or injury was a result of abuse or negligence.

According to reports, as many as 3,500 elderly Oklahoma nursing home residents die every year as a result of abuse or neglect. Moreover, Families for Better Care, which is a non-profit organization that rates state-owned nursing facilities, graded Oklahoma as “F” with an overall ranking of 49, making it among the worst states in the country for elderly care. The state’s effort to improve and provide the best possible care to elderly residents is long overdue and necessary to burnish the state’s reputation due to the harm suffered by the low ranking.

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The untimely or accidental death of a loved one is always a challenging time. Besides the emotional pain brought by a sudden death, surviving families can suffer financial problems as well. When the death is caused by the wrongful or negligent conduct of another party, Oklahoma families have the right to seek justice and minimize financial repercussions by filing a wrongful death lawsuit.

What is a wrongful death lawsuit? A wrongful death lawsuit is a legal action that holds a person or entity responsible for the untimely death of a person due to medical malpractice, unsafe premises, a motor vehicle accident, a defective product or other negligence or wrongdoing. The lawsuit asserts that if not for the conduct of the entity or person, the fatal accident would not have happened. The plaintiffs can seek monetary damages including reimbursement for medical and funeral expenses, loss of financial support, loss of companionship, the grief of surviving children, parents and spouse, and the mental pain and suffering of the decedent.

Who can file the lawsuit? The personal representative of the decedent can file the lawsuit on behalf of surviving family members. It is generally recommended that the personal representative hire an attorney to prepare the lawsuit and represent the family’s interests in court.

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A routine visit to a chiropractor or a medical practitioner often results in minor health adjustments for Oklahomans; it often leads to a few reminders about living a healthier lifestyle and taking some medicine or supplements. However, when the visit results in a person’s death, there may be something wrong with the procedure that the person underwent. This is what is suspected after a man suffered a stroke and eventually died following a routine visit to a chiropractor.

The 30-year-old man went to his chiropractor for what was described as a “standard visit.” However, during his stay, he suffered an acute cerebellar infarction, which is commonly known as a stroke. Instead of calling 911 or taking him to a hospital, the chiropractor called the man’s father to pick him up. The man was eventually transported to an emergency room. After around six hours, he was transferred to another medical facility, where he succumbed to stroke. An autopsy indicated that the stroke was due to neck manipulation.

The state’s chiropractor association issued a statement regarding the man’s death. While they sent their condolences to the family, the association also stated that no medical procedure is without risks and emphasized that chiropractic practices have one of the lowest medical malpractice insurance rates.

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More than one million days in the hospital. More than $18 billion in medical costs. More than $33 billion in lost work. Those are just some of the stunning numbers to come from the federal government’s Centers for Disease Control and Prevention in a recent report on motor vehicle accidents.

Think about it: every year, Americans spend more than a million days in hospitals because of their car crash injuries (in 2012, more than 2.5 million Americans were taken to hospital emergency rooms for accident injuries). And we spend more than three-quarters of that $18 billion on lifetime medical costs in the first 18 months following the accident injury.

Every time one of us is taken to an emergency department following a crash, the average cost is about $3,300. Each accident-related hospitalization results in a tab over that person’s lifetime that goes to about $57,000 on average.

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Hawkins Law Firm
1646 S Denver Ave.
Tulsa, OK 74119
Telephone: (918) 583-6007 Fax: (918) 583-6602

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