The death of a loved one is always difficult; however, it is even more difficult when it is due to the negligence of another person. Wrongful death lawsuits can be brought by the surviving family of a lost loved one to provide financial security and compensation for the loss of a family member. Wrongful death cases are very emotional as the loss was preventable; however, due to someone’s negligence a loved one is gone forever.
Wrongful Death Lawyers in Oklahoma
The entire team at OKC Injury Lawyer is dedicated to helping families seek compensation for the wrongful death of a loved one. Surviving families of loved ones In Oklahoma are entitled to compensation to cover medical expenses, funeral and burial costs, and compensatory damages for the wrongful death of a loved one. Our attorneys provide FREE confidential case evaluations to explain your rights and the entire process of a wrongful death claim in Oklahoma.
The Oklahoma wrongful death lawyers at OKC Injury Lawyer have the experience and FIERCE ADVOCACY you need to seek compensation for the wrongful death of a family member. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a free confidential case evaluation. Founder John P. Cannon has been recognized as a Super Lawyer and Top 40 under 40 and we will use our experience to fight for you. We do not charge anything for our services, unless you are compensated.
Do I need a Wrongful Death Lawyer?
The untimely and early death of a family member is devastating for the surviving family. Wrongful death cases are complex, involving multiple procedural and substantive requirements in order to proceed. Additionally, if you decide to move forward you will be facing a team of experienced wrongful death defense attorneys for the insurance company and other parties. Also, the statute of limitations to file a wrongful death case in Oklahoma is two years, which requires gathering the relevant records and physician affidavit in support of your case. All this to say, having an experienced wrongful death lawyer is crucial to your case.
What does Wrongful Death mean?
Wrongful death is a legal term for a civil lawsuit for survivors to seek compensation for the death of a family member due to the negligence of another party. Oklahoma law allows for a wrongful death case to be filed had the victim been able to file a personal injury claim had they survived, i.e. medical malpractice, car accident, construction accidents, or products liability.
Oklahoma law does not require you to prove the at-fault party intentionally harmed the victim and is separate from a criminal case that may or may not result for the conduct or negligence of the responsible party.
What is a Wrongful Death Claim?
A wrongful death claim is based on the death of a person due to the negligence or wrongful acts of another. The wrongful act can be intentional, negligent, or reckless conduct. Another way to think about it is, if you would be entitled to bring a personal injury claim for the same conduct, had the person survived, a wrongful death suit is the same claim; however, a loss of life results from the harmful conduct.
Although a criminal case may come as a result of your loved one’s death; a civil wrongful death attorney can only file a civil action. Prosecutors and law enforcement decide whether or not to file criminal charges based on the negligence or willful act that lead to your family member’s death; not civil attorney. In many instances, a criminal case will be filed and coincide with a civil wrongful death lawsuit. The Fierce Advocates at OKC Injury Lawyer are experienced in wrongful death lawsuits in Oklahoma and as former prosecutors can assist you in following and understanding every step in the criminal process, if the defendant in your wrongful death lawsuit is charged with a crime. The most common charges related to wrongful death lawsuits are manslaughter and DUI; however, many other crimes can be filed related to the conduct resulting in your loved one’s death.
The criminal process does not have a direct effect on your civil case; however, the testimony or proceedings in the criminal case can be useful in presenting your civil wrongful death case. We look forward to explaining these two very different, yet overlapping processes.
Who can file a Wrongful Death Case?
The Oklahoma Wrongful Death statute, Oklahoma Statutes Title 12 Section 1053, limits the parties that may file a wrongful death lawsuit to the following parties based on their relationship with the deceased. The claims are primarily based on monetary and emotional injuries:
- Spouse or domestic partner
- Personal Representative
A personal representative is someone appointed by the Court to represent the interest of the deceased.
How are Damages determined in Wrong Death Cases?
Damages in a wrongful death case are determined by the economic and non-economic damages to the victim and their family. The most common basis for damages are the following:
- Medical expenses prior to death
- Funeral and burial expenses
- Loss of income from the decedent
- Loss of retirement benefits from the decedent
- Pain and suffering for the surviving family
The specific amount of monetary damages vary widely in wrong death cases as these factors are highly fact driven based on the circumstance of the decedent and their family. The following factors are common considered in determining damages:
- Life expectancy of the decedent
- Age of the decedent
- Income potential of the decedent
- Pain and suffering
Most Common Types of Wrongful Death Cases
The potential causes of a wrongful death case are limitless; as any number of negligent acts or willful acts could result in the wrongful death of a person. However, the following are the most common types of wrongful death:
- Car Accident – injuries from a car wreck
- Motorcycle Accident – injuries from an automobile accident that involved a motorcycle
- Semi-Truck Accident – injuries from an accident involving a semi-truck or commercial vehicle
- Defective Medical Equipment – s
- Medical Malpractice – poor medical advice, lack of care, or dangerous medical procedures
- Dog Bites – injuries due to a dog mauling
- Drugs – medical harm caused by a defective or dangerous drug
- Slip and Fall – injuries from poorly inspected or maintained floors of walkways
- Nursing Home Abuse or Neglect – mistreatment or lack of care from nursing home staff
Statute of Limitations in Wrongful Death Lawsuit
In Oklahoma you must file a wrongful death suit within two (2) years of the death of a family member. Typically, wrongful death lawsuits are filed by the spouse, parent, or child of a deceased person; however, a sibling or a personal representative could bring the action.
Fierce Advocates and Oklahoma Wrongful Death Lawyers
The entire team at OKC Injury Lawyer are Fierce Advocates for the victims and families of wrongful death cases. No amount of financial compensation can replace the loss of a loved one; however, compensation can assist a family in overcoming the financial hardship of losing a loved one. We work on a strict contingency-fee basis, which mean you have NO ATTORNEY FEES, unless we obtain compensation in your wrongful death case.
Hiring an Oklahoma Wrongful Death Attorney
The laws and procedures that protect families in wrongful death cases are complex and in order to protect your claim you must follow a specific list of steps. Your rights to file a wrongful death case and the requirements to file a wrongful death case should not be taken lightly. Speak to the Oklahoma wrongful death lawyers at OKC Injury Lawyer to learn about your rights and our Fierce Advocacy.
Experience matters when a loved one has died as a result of the negligence of someone or a faulty product in Oklahoma. It is important to know the Oklahoma wrongful death lawyer you hire is dedicated to your cause and versed in all aspects of Oklahoma wrongful death laws. John Cannon, owner of OKC Injury Lawyer is a Fierce Advocate for the families of wrongful death victims and will fight for you. He has been recognized as a Super Lawyer and Top 40 under 40. Contact OKC Injury Lawyer to protect your rights and fight your wrongful death case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a free confidential case evaluation.