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When an adult dies due to another’s actions or negligence the law can award damages with the following considerations:
- loss of financial support;
- grief of the surviving spouse;
- loss of the society, services, companionship, and marriage relationship of the spouse;
- grief of the child or parent of the deceased;
- loss of companionship and parental care, training, guidance, or education that would have been forthcoming from deceased to the child, and the loss of companionship of deceased by the child or children;
- loss of the companionship of deceased by their parents;
- the pain and suffering of the deceased;
- medical and burial expenses.
For the loss of a minor child the damages are to be determined based upon the following factors:
- medical and burial expenses;
- Loss by the parents of anticipated services and support;
- Loss by the parents of companionship and love of the child;
- Destruction of the parent-child relationship;
- Loss of monies expended by the parents in the support, maintenance and education of the child
Usually a wrongful death case must be settled or a lawsuit filed within two years of the death, unless the state or political subdivision is involved in the negligence, then the statute of limitations may be one year. You should consult an experienced lawyer about the statue of limitations in your case as promptly as you can to be safe and not lose your rights to recover.
Whether your loved one died in a motor vehicle collision or due to nursing home neglect, we can help. Attorney Todd Willhoite, has been helping victims of personal injuries throughout Oklahoma, and across the country, solve the problems encountered when someone else causes their injuries. Since 1991 Todd Willhoite has recovered money for his clients and has experience settling cases up to and in excess of $1,250,000. Of course each case must be decided on it’s own merits.
We have helped hold a local nursing home accountable for neglect that led to the death of a patient. We provide that small town personal service. Our law office is here to help.
If you have lost a loved one, call Todd Willhoite at (918) 341-3101 for a free consultation. You can get answers to your questions with no obligation