This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Oklahoma Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
Wrongful death law may vary from state to state regarding who is allowed to file this type of lawsuit. In California, the deceased's surviving spouse, domestic partner, children, or other minor children who depended on the deceased for half or more of their financial support can sue for wrongful death.
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.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
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.
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.?
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.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.