Oklahoma City Wrongful Death Attorney

Wrongful Death Laws in Oklahoma

There is nothing more difficult than losing someone you love. If your family member recently passed away due to the negligent or wrongful conduct of another, our Oklahoma City wrongful death attorneys at Fulmer Sill extend our deepest and most sincere condolences. We also want to help you and your family seek the justice you deserve by holding the responsible party accountable.

When a loved one dies, taking legal action may be the furthest thing from your mind. However, an unexpected and tragic loss can lead to numerous financial hardships, including costly medical bills, funeral expenses, loss of income, and more. When someone else was at fault for your loved one’s death, they should be held responsible for these and other related costs. By filing a wrongful death lawsuit, you can not only seek financial compensation for economic losses you have experienced but also certain intangible losses, such as the loss of love and guidance provided by your family member.

We understand that this is likely one of—if not the—most challenging times in your life. Our wrongful death attorneys in Oklahoma City are here to provide the compassionate, personalized, and attentive support you need. Engaging with an experienced wrongful death attorney can also give you access to resources that may not be immediately available to you otherwise, such as investigative services that can uncover crucial evidence. Furthermore, legal professionals can offer advice on the best course of action tailored to your specific circumstances, ensuring that all legal options are thoroughly explored.

Continue reading to learn more about filing a wrongful death lawsuit in Oklahoma, or contact us at (405) 433-7414 to schedule a free consultation with a member of our team.

Navigating Wrongful Death Lawsuits in Oklahoma

Grieving families seeking justice through wrongful death lawsuits in Oklahoma City must navigate a complex legal landscape. The process begins with understanding who is eligible to file a lawsuit, the grounds upon which a claim can be made, and the potential damages that can be recovered. Additionally, factors like the statute of limitations play a critical role in ensuring that lawsuits are filed timely. By engaging a knowledgeable wrongful death lawyer in Oklahoma City, families can better understand their rights and the intricacies of the legal process, ensuring they pursue claims effectively and with a clear strategic plan.

One important aspect is the gathering of evidence and building a strong case. This might include securing medical records, accident reports, witness statements, and expert testimonies. The role of a wrongful death attorney involves not only providing legal guidance but also ensuring that these elements are meticulously organized and presented to demonstrate liability and justify the compensation sought.

Another key factor is the negotiation with insurance companies or at-fault parties, which can be an arduous and time-consuming process. Attorneys in this field often work to negotiate fair settlements out of court, but they are also prepared to take the matter to trial if necessary. Successful negotiation requires a deep understanding of the claim's value and the ability to present a compelling argument backed by evidence.

What Is Considered “Wrongful” Death?

Oklahoma’s wrongful death statute defines “wrongful death” as the death of a human being caused by “the wrongful act or omission of another.” It can be helpful to think of a wrongful death claim as a personal injury claim filed on behalf of someone who cannot bring the claim themselves. Essentially, if your loved one would have had grounds to file a personal injury lawsuit had he or she lived, his or her death is considered “wrongful.”

Understanding these statutes is crucial for families who may be considering wrongful death litigation, as these laws outline the specific criteria and legal grounds necessary for claims to be viable. The complexities of proving negligence, recklessness, or intentional harm mean that having a dedicated legal team can make a significant difference in the outcomes of such claims.

Wrongful death cases often arise from the following types of events:

• Accidents and negligence-based incidents
• Intentional acts, including violence and criminal conduct

At Fulmer Sill, we represent clients in all types of wrongful death claims, including:

• Aviation accidents
• Bicycle accidents
• Boating and maritime accidents
• Bus accidents
• Car accidents
• Construction accidents
• Defective products
• Industrial accidents
• Motorcycle accidents
• Oilfield accidents
• Pedestrian accidents
• Train accidents
• Truck accidents
• Unsafe premises

We have extensive experience handling highly complex issues and have successfully secured millions of dollars in compensation on behalf of surviving family members and the estates of those wrongfully killed throughout Oklahoma and nationwide.

Who Can File a Wrongful Death Lawsuit in Oklahoma?

In Oklahoma, only the personal representative of the decedent’s estate or the next of kin may file a wrongful death claim in court. The personal representative is an individual who acts on behalf of the estate and the decedent’s beneficiaries, dependents, and heirs. If the decedent died with a will, the personal representative will be named in the will. If the decedent passed away without a will, the court will appoint a representative to act on behalf of the estate and the surviving family members (in most cases).

Although the personal representative must be the one to file the wrongful death claim, he or she does so on behalf of both the estate and certain surviving family members. The parties who are eligible to recover compensation are the estate, spouse, children, and parents of the decedent.

Understanding who can file a wrongful death lawsuit is crucial as it ensures that all potential claimants are aware of their rights and responsibilities under Oklahoma law. This understanding helps families mobilize quickly and efficiently during a challenging time, helping preserve evidence and testimony that might be crucial to the wrongful death litigation process.

Who Is Liable for a Wrongful Death?

In a wrongful death claim, you will need to prove that the person or company you are suing is liable for your loved one’s passing. Liability is typically established when the person or company is responsible for the death of your loved one.

In a wrongful death claim, you will need to prove that the following parties are liable for your loved one’s death:

• Motor vehicle drivers
• Doctors and medical professionals
• Employers
• Government entities
• Product manufacturers
• Building contractors
• Caretakers

In some cases, you may be able to sue multiple parties for causing your loved one’s death. For example, if your loved one was killed in a car crash caused by a negligent driver and a defective car part, you may be able to sue both parties.

Liability can be complex, and it's often informed by intricate factors including evidence of negligence or misconduct and witness testimonies. Identifying all liable parties accurately is essential to achieving a just outcome. Legal professionals can conduct comprehensive investigations that might reveal the involvement of indirect contributors to the wrongful death, such as employer negligence or flawed product designs that were previously overlooked.

The Legal Process of a Wrongful Death Claim in Oklahoma

Pursuing a wrongful death claim involves multiple stages, each critical to the successful resolution of the legal process. Initially, it begins with a detailed investigation into the circumstances surrounding the death. This often involves collecting evidence such as medical reports, accident or incident documentation, and interviewing witnesses. Attorneys often work alongside investigators to reconstruct events leading to the wrongful death, ensuring a comprehensive understanding of all contributing factors.

Once sufficient evidence has been gathered, a claim is formally filed in the appropriate Oklahoma court. This outlines the grievance against the defendants and the compensation sought for losses incurred due to wrongful death. Negotiations with the defendant's legal representatives, insurance companies, or courtroom proceedings may follow, depending on the response to the claim. A successful claim typically results in a settlement or a court verdict that compensates the family for their financial and emotional losses.

It's important to note that wrongful death claims adhere to specific legal frameworks and timelines, regulated by Oklahoma statutes. Attention to detail, adherence to deadlines, and strategic planning are crucial to navigating this process successfully. Legal counsel experienced in wrongful death cases can provide invaluable support in managing these elements, contributing to a focus on reaching a favorable outcome for the bereaved family.

Damages in Oklahoma Wrongful Death Cases

The purpose of filing a wrongful death claim is twofold: first, it allows affected family members and loved ones to obtain a much-needed sense of justice by holding the liable party accountable for the decedent’s death. Second, it enables eligible individuals to recover monetary compensation for specific losses, both economic and non-economic, resulting from the decedent’s death.

A successful wrongful death lawsuit may result in the awarding of the following damages:

• Medical expenses related to treatment for the decedent’s final injury or illness
• Funeral and/or burial costs
• Lost income and benefits the decedent would have likely earned
• Conscious mental pain and suffering experienced by the decedent prior to death
• Loss of consortium and grief experienced by a surviving spouse or domestic partner
• Loss of companionship experienced by surviving children and/or parents
• Loss of the parent-child relationship experienced by surviving parents of an unmarried minor, as well as loss of expected support, services, companionship, and love

Sometimes, the court may also award punitive, or “exemplary,” damages. Rather than compensating surviving family members for specific damages related to the loss of their loved one, punitive damages are meant to punish defendants who are found to have acted with gross negligence, egregious misconduct, or willful disregard for the safety and/or lives of others.

The potential for punitive damages not only serves as a deterrent against future negligent behavior but also highlights the societal recognition of particularly reprehensible conduct. This layer of damages reflects a broader social objective: to promote accountability and safeguard community wellbeing by dissuading others from engaging in similar misconduct.

When calculating damages, the court takes into account the unique circumstances of each claim, recognizing both the tangible and intangible contributions the deceased made to their family. These include assessing the financial dependency of the surviving family members on the decedent and the broader emotional and psychological impacts of their premature loss on close relatives.

Contact Our OKC Wrongful Death Lawyers Now

In Oklahoma, you have two years from the date of death to file a wrongful death claim in court. If more than two years pass before a lawsuit is filed, the court will almost certainly refuse to hear the claim, and you will lose your right to sue the liable party for damages.

There are very few exceptions to this rule. We strongly encourage you to reach out to our Oklahoma City wrongful death attorneys as soon as possible if someone you love tragically passed away as a result of another person or party’s negligence. Our team can review the details of your claim and provide personalized information about your legal rights and options. We understand that this is an immensely difficult time in your life; our attorneys and staff are empathetic to what you and your family are going through and want to help you seek the justice and fair recovery you are owed.

Understanding the statute of limitations is critical as it impacts the admissibility of evidence and the ability to secure testimonies. Acting within this legal period ensures that the opportunity to seek justice is retained, as delays can result in lost evidence or fading memories, which may contribute to an unfavorable outcome. Legal professionals can assist in managing timelines effectively, helping to coordinate evidence gathering and witness interviews efficiently within the stipulated timeframe.

We do not collect attorney fees unless/until we recover compensation for you. Contact our wrongful death attorneys in Oklahoma City today! Hablamos español.

Wrongful Death Lawsuit FAQ

What Are the Most Common Causes of Wrongful Death?

Oklahoma City, like many other urban areas, sees a variety of incidents that can lead to wrongful death claims. Among the most common causes are vehicular accidents, including car, truck, and motorcycle crashes. Due to the busy intersections and highways like I-35 and I-40 that cross through the city, these incidents are sadly prevalent. In addition, medical malpractice and workplace accidents, particularly in industries like construction and oil, are significant contributors. Criminal acts, including assaults and violent crimes, also result in a number of wrongful death cases annually. Each of these causes presents unique legal challenges, from gathering pertinent evidence to understanding industry-specific regulations, making experienced legal support crucial for effective litigation.

How Long Does a Typical Wrongful Death Lawsuit Take to Resolve?

The duration of a wrongful death lawsuit in Oklahoma City can vary significantly based on the complexity of the claim and the willingness of parties to reach a settlement. Generally, these lawsuits can take anywhere from several months to a few years. The initial phase involves investigation and evidence gathering, which can be time-consuming. Following this, negotiations with involved parties may lead to settlement discussions. If a settlement cannot be reached, the process enters litigation, potentially prolonging the duration as claims are presented in court. An attorney's familiarity with local laws and strategic litigation planning can help streamline operations, potentially reducing the overall time required to reach a resolution.

What Types of Compensation Are Available for Wrongful Death Claims?

Families who pursue wrongful death claims in Oklahoma City may be eligible for various forms of compensation. Economic damages typically cover medical expenses incurred prior to death, funeral and burial costs, and loss of future income. Non-economic damages address the emotional aspects, such as pain and suffering, loss of companionship, and mental anguish. Punitive damages might also be awarded in claims involving egregious negligence or intentional harm, serving to penalize wrongdoers and deter future misconduct. The actual compensation awarded will depend on the specific circumstances and merits of the claim, underscoring the importance of skilled legal representation in maximizing potential recovery.

Can Wrongful Death Cases Be Settled Out of Court?

Yes, many wrongful death cases in Oklahoma City are settled out of court. Out-of-court settlements often offer advantages such as reduced legal costs, quicker resolution, and privacy. Negotiations are conducted between the plaintiff's and the defendant's legal representatives to reach a settlement that both parties find acceptable. However, if a fair settlement cannot be reached, the claim may proceed to trial. Each case is unique, and legal counsel can offer guidance on the best approach, depending on the specifics and evidence available.

How Critical Is Timeliness in Filing a Wrongful Death Claim?

Timeliness is crucial in filing a wrongful death claim in Oklahoma City. The statute of limitations typically allows two years from the date of death to file a lawsuit. Failure to meet this deadline usually results in the claim being dismissed, forfeiting the right to compensation. Therefore, initiating legal proceedings as early as possible is vital. Early action aids in preserving evidence, capturing testimonies while memories are fresh, and constructing a robust legal strategy. Engaging legal counsel early can ensure timelines are adhered to, enhancing the likelihood of a successful outcome.