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Causation. In a wrongful death case, the plaintiff will have to prove how the defendant's negligence caused or substantially contributed to the death of their loved one. They must prove that the fatal injury or death would not have happened without the defendant's breach of duty.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
In Oklahoma, wrongful death occurs when an individual loses their life as a result of the wrongful act or omission of another. Said simply, wrongful death typically occurs when one person's unjust actions or carelessness results in the death of another.
Under Oklahoma law, a "wrongful death" is defined as a death that is caused by "the wrongful act or omission of another," when the act or omission would have permitted the person to file a personal injury lawsuit had he or she survived. (Okla. Stat. tit.