Common Defenses

Common Defenses in a Wrongful Death Case Can Affect Your Compensation

If you have lost a loved one for any reason — for example a car accident, medical malpractice or because of an injury at the workplace — you might feel that an individual or entity was clearly negligent.

However, attorneys for the individual or entity that caused the wrongful death likely will bring to the court common defenses to reduce your compensation or bar you from any recover.

A skilled lawyer can fight for your rights and make sure you get the justice you deserve. At the Law Offices of Jeff Martin, we understand how to aggressively advocate for families in wrongful death cases. A part of our courtroom success is our understanding of the common defenses in wrongful death cases.

Sometimes, a potential client of ours cannot obtain justice because too much time has passed since the wrongful death. In Oklahoma, the statute of limitations restricts the time you can file a wrongful death lawsuit. (Plaintiffs generally have up to two years from the date of the death).

Causation, Comparative Negligence Are Examples of Common Defenses in a Wrongful Death Case

Common defenses are:

• Causation — In order to hold a defendant responsible for wrongful death, you must prove that the defendant's conduct was the cause of the decedent's death.
• Comparative Negligence — Comparative negligence is conduct by the decedent that contributed to his death.
• Imputed Comparative Negligence — In some instances, one of the beneficiaries may be comparatively negligent or responsible for the decedent's death. In Oklahoma, a beneficiary who is partially at fault can recover damages. Beneficiaries who are not negligent in the death of the decedent may still recover damages.

At the Law Offices of Jeff Martin, we do everything we can to make sure the individual or parties responsible for your loved one's wrongful death are held accountable. Turn to attorney Jeff Martin today to pursue the compensation you deserve.

Contact a Wrongful Death Lawyer Who Understands Common Defenses

At The Law Offices of Jeff Martin, serving Tulsa and communities in Oklahoma, an experienced wrongful death attorney can assist you or your loved one in your case. Our firm has the resources and skills to counter common defenses in a wrongful death case. Contact us today. The initial consultation is free, and you don't pay unless we win.

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. Contact us today in Tulsa area at 728-8888 or use our toll free number 800-980-9205.