This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Oklahoma Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
In Oklahoma, only the personal representative of the decedent's estate can file a wrongful death claim. If the decedent had a will when they died, the personal representative will likely be named in the will. If the decedent died without a will, the court will appoint a personal representative for the estate.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
If you or a representative of your loved one's estate files a wrongful death lawsuit against the individual who caused the death, you may receive a financial award, but an insurance company will most likely make the payment.
General damages are financial compensation for your reduced enjoyment of life or the inability to do the activities you could before the accident.
General Damages Examples Disfigurement (e.g., permanent scarring or loss of a limb) Physical impairment or disability (e.g., no longer able to walk) Emotional distress (e.g., anguish from the loss of a loved one) Mental health problems [e.g., post-traumatic stress disorder (PTSD)]
If the claim ends in a settlement or judgment resulting in a financial award, the distribution of the amount can be agreed upon by those entitled to recover or, if no agreement can be reached, a hearing can be held to decide the amount to be allocated to each of the beneficiaries.
In Canada, save in exceptional circumstances, there is a cap to the amount that an injured person may recover under this category of damage. The cap was established back in 1978 by the Supreme Court of Canada at $100,000. Over the years this value has been adjusted and in 2023 the cap is approximately $400,000.
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.?