If you lost a loved one due to someone else’s negligent or wrongful conduct, the at-fault party may attempt to raise several defenses to avoid paying for their misconduct. Here are some of the most common defenses we see raised in wrongful death cases:
No Duty Owed to the Decedent
Most wrongful death cases are filed based on the legal theory of negligence. This theory requires showing the following legal elements:
- Duty
- Breach of duty
- Causation
- Damages
The defendant may argue that these elements were not present, starting by claiming that no duty of care was owed to the deceased person. The nature of a legal duty of care depends on the situation and the relationship between the parties. Generally, there is a duty that all people owe others to act safely and avoid causing injury to them.
No Breach Occurred
Next, the defendant may argue that there was no breach of duty or that any such breach did not significantly contribute to the fatal accident. As the plaintiff in a personal injury case, you bear the burden of proof. You must show by the preponderance of the evidence that a breach did occur and that it was the direct cause of the fatal injuries.
Death Was Due to Another Reason
Defendants could also try to argue that the accident was not what caused the victim’s death. They may say that the victim had a pre-existing condition or died in some other manner. They may try to use medical records and expert testimony to support this argument. By having medical records detailing the injuries after the event and your own expert testimony, you may be able to overcome this defense.
The Decedent Caused the Death
In some situations, the defense may try to blame the death on the victim. For example, if your loved one was killed in a car accident, the defendant may try to argue that your loved one was speeding, texting, or doing something else that caused the accident that killed them. Oklahoma follows a modified comparative negligence system, so if your loved one is found to have contributed to the death to a greater degree than the defendant, you would be unable to recover compensation in a wrongful death case.
Someone Else Caused the Death
The defendant could also try to deflect and blame someone else for the death. For example, they may blame another motorist, a property owner, an employer, or governmental agency, rather than accepting responsibility for the death.
The Decedent Assumed the Risk
In some cases, the defendant may claim that the decedent assumed the risk of injury by participating in the activity that led to their death. They may even show that your loved one signed a release of liability waiver. An experienced attorney can review all relevant documents to determine the legal effect of this, if any.
The Statute of Limitations Has Expired
Families only have a limited amount of time to file a wrongful death claim, usually capped at two years from the death in Oklahoma. If this timeframe has passed, you could be barred from pursuing financial recovery in court.
Contact Us for Help Overcoming These Defenses
The legal team at the Oklahoma Injury Law Firm has extensive experience overcoming these defenses. We can review your situation for free when you call (405) 310-8800.