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.
Since civil suits are based on common law principles of torts and negligence, the burden of proof in a wrongful death lawsuit essentially lies with the plaintiff. Thus, defendants may try to prove that the victim of a car accident died due to previous injuries or even extraneous circumstances where the car accident was not the true cause of the death. Proving the case for wrongful death may thus be difficult, often riddled with legal complexities.
Experienced attorneys will skillfully present various aspects of the case and key pieces of evidence in the court of law to prove the negligence of the defendant. The judge typically looks at the evidence surrounding the accident, the money spent on medical expenses prior to the victim’s death and the pain and suffering caused to loved ones in order to determine the amount of compensation due to a family or estate.
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