Losing a loved one unexpectedly is one of the most devastating experiences anyone can face, especially when that loss is due to someone else’s negligence or wrongdoing. At Knight Law Firm in Coweta, our dedicated wrongful death lawyer understands the pain and confusion families endure during such difficult times. We are committed to fighting for justice and fair compensation on your behalf, helping you navigate the legal process with compassion. If you’ve lost someone due to another party’s fault, don’t hesitate to reach out for a free consultation at (918) 496-1200—your fight for accountability starts here.
When the Deceased Shares Responsibility in a Wrongful Death Case in Coweta
Losing a loved one in an accident is tragic enough. But when the circumstances suggest that the deceased may have shared some responsibility for the incident, families often face additional confusion and uncertainty about their legal options. If you are dealing with a wrongful death case in Coweta and wonder how shared fault affects your claim, it’s important to understand the legal landscape and what you can expect.
Understanding Shared Fault in Wrongful Death Cases
In wrongful death claims, the key issue is establishing that someone else’s negligence or misconduct caused the death. But accidents can be complex. Sometimes, the person who passed away may have contributed to the accident through their own actions or behavior. This is what the law calls “comparative fault” or “shared fault.”
In practical terms, shared fault means the responsibility for the accident is divided between two or more parties, including possibly the deceased. This doesn’t automatically bar a family from pursuing a wrongful death claim, but it can affect the amount of compensation the family may receive.
How Coweta and Oklahoma Handle Shared Fault
Oklahoma follows a modified comparative fault system. This means a person can recover damages as long as they are not more than 50% at fault for the accident. If the deceased is found to be partially responsible, their share of fault will reduce the total compensation accordingly.
For example, if the total damages are calculated at $500,000 but the deceased was found 30% responsible, the family’s recovery might be reduced by that percentage. The final compensation would be $350,000 instead of the full amount.
If the deceased is more than 50% at fault, the claim will usually be barred entirely, and no compensation will be awarded.
What Factors Determine Shared Fault
Determining fault in a wrongful death case involves examining all the circumstances surrounding the accident. Some common factors that may lead to shared fault include:
- The deceased was speeding or disobeying traffic laws.
- The deceased was under the influence of drugs or alcohol.
- The deceased ignored safety warnings or failed to wear a seatbelt or helmet.
- The deceased acted recklessly or negligently.
Each case is unique, so the exact factors will vary. Evidence such as police reports, witness statements, medical records, and accident reconstructions will play a crucial role in determining fault.
Impact on Wrongful Death Claims
When shared fault is an issue, the damages awarded in a wrongful death claim may be reduced. Damages in these cases typically include:
- Medical expenses related to the injury or accident.
- Funeral and burial costs.
- Loss of income and financial support.
- Loss of companionship and emotional suffering.
- Other related expenses.
A judge or jury will weigh the evidence and decide what percentage of fault each party bears. This will directly impact the settlement or court award.
What Families Should Do When Shared Fault is Raised
If you are pursuing a wrongful death claim in Coweta and the other side suggests the deceased shared fault, don’t panic. Shared fault does not mean the claim has no value. Many wrongful death cases with comparative fault still result in meaningful compensation.
Here are some important steps to consider:
- Gather Evidence Carefully
Collect all relevant documentation and evidence about the accident. This can include police reports, medical records, photos, and any eyewitness accounts. The more complete the evidence, the stronger your case. - Consult an Experienced Wrongful Death Lawyer
Having a skilled attorney can make a significant difference. A wrongful death lawyer at Knight Law Firm in Coweta can help analyze your case, explain how shared fault might affect your claim, and develop the best strategy to maximize your recovery. - Be Honest About the Facts
It’s important to provide your lawyer with all the facts, even if they might not look favorable. Transparency helps build a credible case and allows your lawyer to anticipate challenges from the defense. - Focus on the Whole Picture
Wrongful death claims consider more than just fault. The loss of your loved one’s support, care, and companionship weighs heavily in these cases. Even if shared fault exists, the impact on your family remains significant.
Timing and Deadlines Matter
In Oklahoma, wrongful death claims must be filed within two years of the date of death. This deadline is strict. Missing it can mean losing your right to seek compensation forever. If shared fault is a concern, it’s even more important to act quickly and get professional legal advice to protect your interests.
What to Expect in a Shared Fault Wrongful Death Case
Every wrongful death case is different, but you can expect the process to include:
- A thorough investigation of the accident.
- Gathering and reviewing evidence related to fault and damages.
- Negotiations with insurance companies or opposing parties.
- Possible mediation or settlement discussions.
- If necessary, a trial to resolve disputes over fault and compensation.
Throughout this process, your attorney will keep you informed and guide you through each step.
Wrongful Death Lawyer in Coweta: Let Knight Law Firm Help You Find Justice
When the unthinkable happens, having a compassionate and experienced wrongful death lawyer by your side can make all the difference. Knight Law Firm in Coweta is here to provide the guidance and support you need to pursue the justice your family deserves. Don’t face this challenging time alone—call us today at (918) 496-1200 to schedule your free consultation. Together, we’ll work tirelessly to hold those responsible accountable and help you begin the healing process.
