The crushing news that a loved one has died is difficult to process. As the events of your loved one’s death begin to unfold and the realization that someone may be to blame for their passing, it becomes vital to the deceased’s family that the responsible party is held accountable for the incident.
If you have a family member that suffered a wrongful death, start the healing and recovery process by contacting a Tulsa wrongful death attorney immediately. Let BDIW Law be the compassionate team fighting on your behalf to help you recuperate the losses you have experienced from this devastating event.
Wrongful Death in Oklahoma
Oklahoma defines wrongful death as the death caused by a wrongful act or omission by another. When this occurs, filing a wrongful death claim against the person causing the death is an option. Wrongful death is a civil action brought by the family or dependents of the deceased against any individuals who cause the death of another person either knowingly or negligently.
There are many causes of wrongful death, but they all fall under three categories.
Intentional acts include the following:
- Assault and battery resulting in death
The plaintiff must prove the defendant acted with a level of care below what the average reasonable person would do.
- Car accidents
- Construction accident
- Dog and animal attacks
- Pedestrian or bicycle accidents
- Drowning or boating accidents
- Defective Products
A lawsuit stems from the subpar care of a medical provider. The plaintiff must prove the provider provided a level of care below the professional standard. It must be proven that the death is a direct result of the lack of professional care.
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Filing a Wrongful Death Claim
The process of filing an action for wrongful death is stated in Oklahoma Statute §12-1053, page 193. Speaking with a wrongful death lawyer in Tulsa can help you understand the complexities of the legal system.
The law states who may file a wrongful death claim. The person filing the claim, however, will not be the sole beneficiary of the claim. State laws determine how the shares will be divided.
- The representative named in the deceased’s will
- A spouse
- The children, if there is no spouse
- The parents, if there are is no spouse or children
The plaintiff must file the claim within two years of the day of their loved one’s death. Pursuing action in a moment of grief can seem impossible. BDIW Law will take the proper steps to begin your claim so you can focus on the emotional healing that must occur after losing a loved one.
If the lawsuit has not been filed within two years of the death, the courts will more than likely refuse to hear the case. Making the first call will be the most challenging part. We will guide you from that initial call until the completion of your case with an unwavering commitment to justice.
Recoverable Damages in a Wrongful Death Claim
Documenting the damages for a wrongful death claim can be challenging. Just performing daily tasks amid grief and despair is often enough to handle. The damages that can be sought may not initially be clear or understood by the grieving family.
One of the most burdensome tasks is to put a monetary value on their loved one’s life. A Tulsa wrongful death lawyer will understand the damages incurred and can help you understand the financial compensation for all of your loss. What damages can you claim in a wrongful death lawsuit?
- Medical and burial expenses
- The surviving spouse’s grief and the loss of partnership
- Grief and companionship loss by the deceased’s children or parents
- Pain and anguish suffered by your loved one from the time the injury occurred until the time of their death
- Loss of any benefits and wages the deceased could have earned
If the deceased was an unmarried minor, the parents of the deceased can file claims for the following:
- Medical and burial expenses
- Loss of companionship and love
- Loss of anticipated services and support of the child
- Loss of relationship between the parent and child
- Any costs incurred from the support and education of the minor child
If gross negligence is proven, filing punitive damages for the wrongful death may occur. Punitive damages are a form of punishment sending a message to the defendant that the court will not tolerate such behaviors.
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Our Commitment to You
Insurance companies are prepared to fight against the charges brought against the defendant to minimize their payout. You will more than likely be contacted on behalf of the insurance company by a representative that may seem willing to listen and work with you with offers of a payout that are far lower than what can be negotiated. It is always best to let a wrongful death attorney in Tulsa work on your behalf to maximize your compensation and demand the results you deserve.
- We will provide communications between all insurance companies and speak with any representatives on your behalf.
- We will provide solid representation in court should the insurance company refuse to settle your claim.
- We will work with collectors so they understand the court case timeline and when to expect payments.
- Collect any evidence that supports your case. We will speak with any sources of information to ensure we have all of the facts surrounding your loved one’s death.
- Determine the value of the losses incurred by the death of your family member so that we can assure the maximum payment for your legal claim.
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Beginning the Process of Recovery
When the sudden death of a loved one has shaken your world, it can be challenging to know where to begin. The first few days and even weeks will be a blur. Making decisions may almost feel impossible.
Deciding the actions to take when seeking compensation can produce paralyzing anxiety causing inaction and limiting the time you have to seek justice. The only thing you need to do to begin the process is to call BDIW Law.
Our dedication is to provide you with strong representation when the unthinkable happens. Let us do the hard work for you. You deserve the commitment we give to our clients.
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