Losing a family member in a car accident is an unimaginable tragedy that leaves you grappling with grief and uncertainty. As you face this challenging time, you may wonder what steps to take to ensure justice and secure your family’s future. A wrongful death claim is a legal action taken when someone’s negligence or misconduct leads to another person’s death. If a drunk driver causes an accident that results in a fatality, the victim’s family can pursue a wrongful death claim against the driver. Understanding what to do immediately following such a loss can make a significant difference in your legal journey. From notifying authorities to gathering evidence, each step is important for building a strong case.
Don’t face this difficult path alone. Contact OKC Injury Lawyers at 405-906-4051 for a free consultation where you will receive compassionate and professional support. Our attorneys will guide you through every step, ensuring you receive the justice and compensation your family deserves.
Common Causes of Fatal Car Accidents in Oklahoma City
Recognizing the common causes of fatal car accidents in Oklahoma City builds a strong wrongful death claim. Drunk driving shows poor judgment, distracted driving involves smartphone use, and speeding ignores traffic laws.
Drunk Driving Accidents
Despite stringent traffic laws and awareness campaigns, drunk driving remains a leading cause of fatal car accidents in Oklahoma City. Drivers with a blood alcohol concentration (BAC) of .08 or greater are charged with DUI, facing penalties that include fines, license suspension, and potential imprisonment.
Oklahoma also has a zero-tolerance law for drivers under 21, who can be charged even with a BAC under .06.
Distracted Driving Incidents
Distracted driving, including behaviors such as:
- Texting
- Talking on the phone
- Eating
- Adjusting the radio
These significantly contribute to fatal accidents. Texting while driving is a primary offense in Oklahoma, allowing law enforcement to pull over drivers solely for this violation. In 2021, distracted driving resulted in 44 fatalities in Oklahoma, with several occurring in Oklahoma City.
Speeding and Reckless Driving
Excessive speed and reckless driving behaviors, such as ignoring traffic signals and tailgating, increase the severity of crashes. These behaviors reduce reaction time and contribute to the high fatality rates in car accidents.
Immediate Steps to Take After a Fatal Car Accident
When a family member dies in a car accident, the shock and grief can be paralyzing. However, for both legal and personal reasons, take immediate and appropriate steps following a loved one’s death.
Notify the Authorities
The first and most critical step is to call 911 immediately after the accident. Reporting the accident to law enforcement ensures that emergency services are dispatched promptly and an official record of the incident is created. In Oklahoma City, any accident involving injury, death, or significant property damage must be reported to the local police or the Oklahoma Highway Patrol.
Police officers will secure the scene and record details that could be vital for your wrongful death claim. Obtain the names and badge numbers of the responding officers and find out where to get a copy of the police report for your records.
If you are not on the scene when the accident occurs, it is important to stay informed and involved. Contact the authorities to confirm that the accident has been reported and emergency services have been dispatched. Reach out to family members or friends who may be at the scene to gather initial information. Once you have been notified of the accident, head to the location if possible to support your family and assist with any immediate needs. If you cannot be present, stay in close communication with those who are, and ensure that all necessary steps are being taken to document the scene and gather evidence.
Gather Evidence at the Scene
Building a strong wrongful death case requires accurate documentation of the accident scene. Here are some steps to follow:
- Take photos or videos of the scene, including road conditions, vehicle damages, and any visible injuries.
- Collect witness statements to substantiate the circumstances of the accident.
- Make personal notes about your observations and immediate responses, as these details can be crucial when establishing fault and liability.
Accident reconstruction experts can use thorough documentation to determine the exact cause of the fatal accident.
Seek Medical Attention and Documentation
Even if injuries aren’t immediately apparent, medical attention should still be sought for any surviving passengers or witnesses. Latent injuries such as brain or back injuries may not manifest symptoms right away but can have long-term effects, and in some cases, lead to fatal injuries. A medical examination ensures that any potential injuries are documented, which is essential for your wrongful death claim.
Medical records for the deceased and any surviving individuals, which serve as evidence when seeking compensation for medical expenses and other damages, should be obtained.
Understanding Your Legal Rights in Oklahoma City
In Oklahoma City, wrongful death claims can be filed when negligence or misconduct of another causes a person’s death.
Who Can File a Wrongful Death Claim?
In Oklahoma, specific family members are legally allowed to file a wrongful death claim following a fatal car accident. Eligible individuals include:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
- Personal representatives of the deceased’s estate
Knowing who can file a personal injury claim is key to making sure the right parties seek justice and compensation for their loss.
Time Limits for Filing a Claim
The statute of limitations for filing a wrongful death claim in Oklahoma is typically two years from the date of death. Failing to file within this period can result in losing the right to compensation.
By consulting with a wrongful death attorney from OKC Injury Lawyers, you can ensure your claim is filed on time, safeguarding your right to seek damages and potentially leading to a successful wrongful death claim.
The Wrongful Death Claim Process
Handling the wrongful death claim process can be complex and emotionally taxing. However, following a structured approach can provide clarity and make the journey more manageable, ensuring that no important steps are overlooked.
Contacting a Wrongful Death Attorney
The first step in the wrongful death claim process is to consult a wrongful death lawyer promptly after the incident. An attorney from OKC Injury Lawyers can help determine if your claim meets the legal criteria for a wrongful death lawsuit and guide you through the legal process for a wrongful death claim.
Establishing the Deceased’s Estate
Organizing all important documents, such as the death certificate, will, and financial records, is the first step in settling the deceased’s estate. Filing the will with the probate court and notifying beneficiaries are essential steps in this process.
Filing the Wrongful Death Lawsuit
Filing a wrongful death lawsuit involves the following steps:
- Submitting the necessary legal documents and evidence to the court.
- Issuing a Statement of Claim, listing all plaintiffs, and detailing the damages sought.
- Defendants will then respond with a Statement of Defense outlining their rebuttal.
Our wrongful death attorneys at OKC Injury Lawyers will help you through each of these steps, making sure all legal documents are prepared and submitted correctly and on time. We will gather and present strong evidence, negotiate with the defense, and provide legal representation in court if needed. By following this structured approach, we ensure that all legal bases are effectively covered to support your claim.
Types of Compensation Available in Wrongful Death Cases
Compensation in wrongful death cases can be categorized into economic damages, non-economic damages, and punitive damages. These compensations aim to help surviving family members with their financial losses and to penalize severe wrongdoing if necessary.
Economic Damages
Economic damages cover financial losses such as medical expenses, lost income, and funeral costs. This financial compensation ensures that all healthcare costs related to the incident are reimbursed, including any medical expenses incurred before death.
The inclusion of funeral and burial expenses provides financial relief for laying the deceased to rest. Lost income calculations ensure comprehensive compensation for the financial support the deceased would have provided.
Non-Economic Damages
Non-economic damages compensate for personal losses, including emotional anguish and loss of companionship. These damages cover the profound emotional trauma experienced by surviving family members, such as loss of consortium or companionship. Such compensation acknowledges the non-monetary impact of losing a loved one and aims to provide some measure of justice for their loss.
Punitive Damages
Punitive damages are awarded in cases involving particularly egregious conduct, serving as punishment for wrongful behavior. These damages aim to deter similar actions in the future and to hold the responsible party accountable for their negligent actions.
In wrongful death cases, punitive damages emphasize the severity of the conduct and provide additional compensation to the grieving family.
Why OKC Injury Lawyers is the Right Choice for You
Choosing the right wrongful death attorney is crucial for the success of your case. At OKC Injury Lawyers, we stand out because of our extensive background, proven track record, and compassionate approach. We not only provide legal guidance but also offer the emotional support needed during such a challenging time.
Experience
We bring a wealth of experience in handling wrongful death cases. Our team has been practicing for many years and has successfully managed a variety of wrongful death claims. We have the skills necessary to navigate complex legal processes and collaborate with accident reconstruction experts and other specialists to build a solid case.
Client Testimonials and Success Stories
Client testimonials and success stories highlight our effectiveness and professionalism. Past clients have praised us for our responsiveness, attention to detail, and successful outcomes. Evaluating our past settlement amounts and trial records provides an understanding of our high success rate in wrongful death cases.
Compassionate and Professional Support
We are known for our compassionate approach. We understand the emotional trauma that comes with losing a loved one and aim to provide both legal and emotional support. Our attorneys are committed to ensuring you receive the justice and compensation your family deserves, guiding you through every step of the legal process.
Contingency Fee Arrangements
We operate on a strict contingency-fee basis, meaning we only receive payment if we secure a favorable result for you. This arrangement ensures that there are no upfront legal fees, protecting you from incurring huge legal costs if you lose your case. During initial consultations, we discuss the fee structure to ensure you are comfortable with the terms and understand your financial obligations.
By choosing OKC Injury Lawyers, you are selecting a team that combines legal knowledge with compassionate support, ensuring that your wrongful death claim is handled with the utmost care and professionalism.
How OKC Injury Lawyers Can Help You
At OKC Injury Lawyers, we provide professional and compassionate support to family members dealing with wrongful death cases. Our extensive experience covers various types of personal injury matters, allowing us to handle each case with compassion and dedication:
- Comprehensive case investigation
- Gathering and preserving evidence
- Interviewing witnesses
- Negotiating with insurance companies
- Filing legal documents and evidence with the court
- Issuing a Statement of Claim
- Responding to the Statement of Defense
- Representing clients in court
- Collaborating with accident reconstruction experts
- Providing compassionate and professional support
- Operating on a contingency fee basis
Comprehensive Case Investigation
Successfully navigating a wrongful death claim requires a comprehensive investigation. We start by gathering all relevant evidence and interviewing witnesses to build a strong case. This careful approach ensures that no detail is overlooked and that your wrongful death claim is as solid as possible.
Negotiation with Insurance Companies
To secure fair compensation after a fatal car accident, negotiating with insurance companies is a critical step. We engage in these negotiations to get the best possible settlement for you. We aim to maximize your compensation, ensuring you receive the financial support needed during this tough time.
Litigation for Full Compensation
When negotiations don’t result in adequate compensation, we are ready to take the case to court. We are prepared to represent you in court to secure full compensation for your loss. Our focus is on getting the resources your family needs and holding the responsible party accountable.
Reach Out for Compassionate Support
Losing a family member in a car accident is devastating, and you shouldn’t face this overwhelming situation alone. At OKC Injury Lawyers, we understand your pain and are here to provide the support and justice your family deserves. Call us at 405-906-4051 for a free consultation. Let us help you navigate this difficult time and fight for the compensation that can bring some measure of peace and security to your future.
Frequently Asked Questions
What should I bring to the initial consultation with a wrongful death attorney?
When attending your initial consultation with a wrongful death attorney, bring any relevant documents related to the accident. This includes police reports, medical records, witness statements, and any correspondence with insurance companies. These documents will help the attorney evaluate your case and provide informed legal advice.
How long does it typically take to resolve a wrongful death claim?
The duration of a wrongful death claim can vary significantly depending on the complexity of the case and whether it goes to trial. Some cases may be resolved in a few months through settlement negotiations, while others may take several years if they proceed to court. Your attorney can provide a more accurate timeline based on the specifics of your case.
Can I still file a wrongful death claim if the deceased had some fault in the accident?
Yes, you can still file a wrongful death claim even if the deceased was partially at fault for the accident. Oklahoma follows a comparative negligence rule, which means that compensation may be reduced by the percentage of fault attributed to the deceased. Consulting with an attorney can help you understand how this rule might impact your claim.
What types of evidence are crucial for a successful wrongful death claim?
Evidence for a wrongful death claim includes accident scene photos, police reports, witness statements, and medical records. Expert testimony, such as from accident reconstruction specialists, can also be valuable. Collecting and preserving this evidence early on can significantly strengthen your case.
Are there any exceptions to the statute of limitations for wrongful death claims in Oklahoma?
While the statute of limitations for wrongful death claims in Oklahoma is typically two years, there are some exceptions. For instance, if the death was caused by a government entity, different rules may apply. It’s essential to consult with a wrongful death attorney to determine if any exceptions might extend the filing deadline in your case.