What Qualifies As A Wrongful Death Case? What Is Wrongful Death Action?

A wrongful death case is a case where a loved one is killed in an accident due to someone else’s negligence or failure to maintain what’s called the Standard of Care. Wrongful death actions are brought on behalf of the deceased’s estate, and demand compensation for the loss of a loved one… Read More

No one is ever really prepared to deal with the tragic loss of a loved one. In addition to emotional distress and sorrow, family members who depended on the departed often endure financial hardship and uncertainty as well. The unfortunate death of an individual who provided a steady paycheck for his or her family can create a difficult economic and emotional circumstance.

Accordingly, the law provides that surviving family members who relied on the person they lost can pursue a wrongful death claim if the death was caused by someone else’s negligence, misconduct, or intentional action. Various situations can cause a wrongful death. However, not all incidents that lead to a death are wrongful death claims. If the person who passed away was partially or wholly at fault for the incident, it might be challenging to prove a wrongful death claim. At Smolen Law, our knowledgeable wrongful death attorneys can assess your specific case and determine whether pursuing a wrongful death lawsuit is the right option for you and your family.

At Smolen Law, our wrongful death attorneys are committed to representing clients in Tulsa, Oklahoma and surrounding areas.

Common Types of Wrongful Death Incidents

Even though a wrongful death incident can arise from a number of situations, some cases are more commonly seen. Some of the most common types of wrongful death cases include:

  • Medical Malpractice: If a medical professional fails to provide the minimum standard of care that is expected, and the patient dies as a result of malpractice, a wrongful death claim could be filed against the medical professional. Medical professionals are required to perform on par with other professionals’ care and services in the same area. Doctors who are negligent or careless with the care they provide, or who fail to diagnose a condition, risk the consequences of a wrongful death lawsuit if their patient dies due to their negligence, misdiagnoses, or failure to diagnose. If you have lost someone due to medical malpractice, it is imperative to talk to an expert wrongful death attorney about your particular case. A seasoned wrongful death attorney can advise you on the best course of action.
  • Car Accidents: Car accidents yield the most personal injury claims. Unfortunately, some accidents result in fatalities. When a negligent driver causes an accident that gives rise to someone else’s death, the driver could be sued for wrongful death. Many wrongful death cases involve drivers who were under the influence of drugs and/or alcohol at the time of the accident. Drivers who are found guilty of being under the influence of drugs and/or alcohol at the time of a fatal accident can face severe criminal penalties in addition to a wrongful death lawsuit.
  • Nursing Home Abuse: Nursing home facilities are entrusted to take care of the personal and medical needs of loved ones. Sadly, reports indicate that nursing home and elder abuse is on the rise. Tragically, abuse and negligence can lead to death. As a result, family members may have a wrongful death lawsuit on their hands. If your loved one passed away while under the care of a nursing home, and abuse or negligence is suspected as the cause, seeking the counsel of an experienced wrongful death attorney is highly advised.
  • Workplace Accident: When a workplace accident goes awry and culminates in an employee’s death, the employee’s family members may be eligible to file a wrongful death lawsuit. Families who stand to lose on the wages they would have obtained through their loved one may be able to seek compensation for future loss of wages in addition to other damages. Soon after their loss, families should consult with a skilled wrongful death attorney to discuss their options and determine how to best move forward with their case.

At Smolen Law, we know that no amount of money can bring back a love one. Still, those who have experienced this kind of loss need empathy and supportive advocacy. As a team of extremely experienced trial lawyers, Smolen Law will represent you in obtaining justice for your loved ones in the event of a Wrongful Death. When an individual dies due to the culpability of another individual, under the law, a survivor may bring a wrongful death lawsuit to be recompensed for their emotional and financial losses. The death never would have occurred if it weren’t for the error of another — this is why survivors merit and require compensation.

Survivors are defined as:

  • Immediate family members
  • Life partners, financial dependents, and putative spouses
  • Distant family members
  • All persons who suffer financial loss
  • Parents of a deceased fetus

If you are a survivor of a wrongful death victim and you’re ready to be compensated for your loss, contact our office today and get the advocacy you deserve.

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Smolen Law’s mission is to provide exceptional legal services with integrity, professionalism and respect. Choose the Oklahoma law firm that gets results—Smolen Law.



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Donald E. Smolen, II
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Laura L. Hamilton
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