A very difficult part of a wrongful death case is the work of calculating damages for a wrongful death, which is a complex process that takes into account a number of factors.
For example, a jury addressing damages for loss of companionship must attempt to put a price tag on the emotional loss a spouse has suffered from the death of a loved one.
Courts will look at the following in determining how to calculate damages:
In calculating damages for wrongful death suits, more than one family member may be entitled to compensation. Damages are distributed in proportion to damages sustained by each particular individual, according to Oklahoma law.
Of course, loss of companionship is one element in calculating damages. Other damages that may be recovered include, but are not limited to: medical bills, funeral and other expenses, loss of benefits (such as employer-provided health insurance) and loss of income.
Other less tangible damages that could be recovered include compensation for pain and suffering, emotional trauma of the survivor's family members, and punitive damages, which are meant to punish a defendant if the cause of the death is found to be especially egregious.
At the Law Offices of Jeff Martin, we understand how difficult it is to come to grips with filing a wrongful death suit and determining damages for wrongful death after losing a loved one. It's important to keep in mind that a delay could affect your legal rights, whether your loved one died in a truck accident, a slip and fall accident or in any kind of accident. In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.
At The Law Offices of Jeff Martin, serving the Tulsa and communities in Oklahoma, an experienced wrongful death attorney may be able to assist you or your loved one in your case. Contact us today. The initial consultation is free, and you don't pay unless we win. Call us today in Tulsa area at 728-8888 or use our toll free number 800-980-9205.
