The most tragic personal injury cases involve the untimely death of the victim. After these tragic events, family members may be dealing with grief and other complex emotions. They may not be thinking about a legal claim against the at-fault party, but their time to take legal action is limited.
If you recently lost a loved one in a personal injury incident, Oklahoma Injury Law is here for you. Our compassionate Oklahoma City wrongful death lawyers can discuss your legal rights and options during a free case review. Contact us today at (405) 310-8800 to schedule your free and confidential consultation.
Our Compassionate Oklahoma City Wrongful Death Lawyers Are Here for You
You are already dealing with enough in the wake of your loved one’s recent death. You have enough to worry about without adding more stress and frustration due to a legal claim. An experienced OKC wrongful death attorney from Oklahoma Injury Law can take on your legal claim while you focus on your grief and family. This may involve:
- Investigating the accident
- Reviewing accident reports
- Interviewing witnesses
- Preserving valuable evidence that proves fault
- Conducting extensive discovery requests to compile additional evidence to use in your case
- Gathering documentation to establish pecuniary losses your family has suffered
- Answering any questions you have about the legal process
- Advising you if a settlement offer is fair compensation for your claim
- Handling communication with insurance companies and other parties on your behalf
- Negotiating for maximum compensation
- Managing legal claims and monitoring case deadlines
Learn more about your legal rights and options when you call for your free consultation.
Who Is Responsible for Wrongful Death Cases?
The party legally responsible for a wrongful death will depend on the specific circumstances surrounding your loved one’s death. Parties who are often named in a wrongful death suit include:
- Negligent motorists
- Truck drivers
- Trucking companies
- Cargo loading companies
- Brokers
- Contractors
- Business owners
- Property owners
- Dog owners
An experienced Oklahoma City wrongful death attorney can review your case to determine who is responsible for your loved one’s death.
Common Causes of Wrongful Death
In Oklahoma, a wrongful death is a wrongful act or omission that causes the death of another. If your loved one would have had a viable personal injury claim if they had survived their injuries, you may have grounds to file a wrongful death claim. Common causes of wrongful death include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Premises liability incidents
- Pedestrian accidents
- Bike accidents
- Slips and falls
- Dog bites and attacks
- Criminal attacks
How Is a Wrongful Death Case Different Than a Criminal Case?
Some wrongful death suits involve criminal acts while others do not. There are several essential differences between wrongful death cases and criminal cases, including:
- Purpose of the case – In a criminal case, the intent is to punish the person who caused the death. In a wrongful death case, the focus is on awarding the surviving family money to help ease the financial burden the premature death has caused.
- Different facts – Criminal cases involve violation of criminal statutes. Civil cases may be based on violation of civil statutes or negligence.
- Legal representation – In a criminal case, the prosecutor represents the interests of society at large, while an OKC wrongful death attorney personally represents the surviving family.
- Different burden of proof – Criminal cases involve the highest burden of proof by proof beyond a reasonable doubt. Civil cases use a preponderance of the evidence standard, which is more likely than not that facts are as the claimant alleges. This is why it is possible to get inconsistent results, such as not guilty in a criminal case and guilty in a civil case.
In many cases, a wrongful death case is the only way to hold a negligent party accountable for a loved one’s death. Contact an experienced Oklahoma City wrongful death lawyer today to learn more about your legal rights.
Who Can File a Wrongful Death Claim in Oklahoma City?
In Oklahoma, only the personal representative of the decedent’s estate has the legal right to file a wrongful death claim. However, this legal action is on behalf of the surviving spouse, children, or parents.
What Damages Can I Recover in a Wrongful Death Case?
Oklahoma law states specific damages that can be recovered in wrongful death cases and who can recover them. These damages include:
- Medical expenses of last injury or illness
- Burial and funeral expenses
- Loss of consortium and grief
- The decedent’s mental pain and anguish
- Loss of companionship
- Loss of financial support or other pecuniary loss based on the decedent’s age, occupation, earning capacity, health habits, and previous life expectancy
Oklahoma’s wrongful death law also states that punitive damages can be recovered in these types of cases, which are intended to punish the wrongdoer and deter similar conduct in the future. These damages are reserved for the most egregious cases.
What Is the Time Limit to File a Wrongful Death Lawsuit in Oklahoma City?
Oklahoma law’s statute of limitations provides a two-year time limit to file a wrongful death lawsuit. This time limit begins on the day after the death. If you do not file a wrongful death case before this time limit expires, you can lose your right to recover compensation, regardless of how strong your case is. Protect your rights and family by consulting an experienced Oklahoma City wrongful death lawyer today.
Pursue Justice and Accountability with the Help of Oklahoma Injury Law
If you recently lost a loved one, the hearts of the dedicated legal team at Oklahoma Injury Law go out to you. We know there is nothing we can do to bring back your loved one. Instead, we focus on helping you and your family recover financial compensation to ease the next chapter of your life. We can advocate for you, explain your legal rights, and protect you from the tactics of insurance companies designed to minimize your financial recovery. Contact us or call us today at (405) 310-8800 for your free, no-obligation consultation.