Losing someone you love is one of the most difficult things to experience. The BDIW Law Firm extends our deepest sympathies to you and your family during this challenging time and would like to help when you are ready to pursue your legal options. If someone you loved has passed away unexpectedly due to the negligence of someone’s conduct, we can help you seek justice.
We understand that the last thing you want at this incomprehensible time is to deal with a legal battle or relive the experience of losing someone through countless discussions. Our knowledgeable wrongful death lawyers in Oklahoma City will make this process as easy as possible and help you navigate the intricacies of an unexpected death claim.
No amount won can undo your loss, but our personalized approach to your case may uncover additional settlement options that weren’t present before. Our firm offers a risk-free consultation to review your case, go over lawyer’s fees, and estimate the value of your wrongful death settlement. Explore how this legal process works by reading on or reaching out to our personal injury firm.
What Is Oklahoma’s Definition of a Wrongful Death?
A civil suit known as a “wrongful death claim” can be brought forward when an at-fault party’s negligence or intentional wrongdoing results in someone’s death. Each jurisdiction may have different standards for wrongful death cases, but in the end, it refers to a death that could have been avoided if caution or reasonable logic had been applied.
Wrongful death cases are similar to personal injury cases and are examined as such in order to find fault and prove negligence. A personal injury attorney can weigh in on or manage a wrongful death case since the deceased would have been able to file a personal injury claim had they survived their injuries.
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Who Can File a Wrongful Death Lawsuit in Oklahoma?
Oklahoma law requires that the decedent’s personal representative or executor be the one who files a wrongful death lawsuit. The executor is generally appointed in your loved one’s will, or the court appoints one for your family if one is not named. Their job is to represent the deceased and their family members or beneficiaries.
If you have lost someone in an unfortunate accident involving medical malpractice, a truck accident, or any other tragic mishap, it is important to speak with an Oklahoma City wrongful death attorney who will explain state regulations that may impact your claim.
Recoverable Losses for Wrongful Death Settlements in Oklahoma
In wrongful death cases, the beneficiaries of the decedent are known as the plaintiffs. Any alleged losses in a personal injury case are referred to as “damages.” The court will grant damages to the surviving family members or heirs to the estate of the deceased in a successful wrongful death case to make up for a variety of losses.
In Oklahoma, compensation is frequently given for the following:
- Medical bills
- Funeral and burial expenses
- Loss of consortium and the surviving partner’s grief
- Loss of companionship for the children and parents of the deceased
- The mental and emotional distress that the deceased may have experienced from the injury up until their passing
- Loss of income or benefits the decedent would have earned or received
- Loss of services if the deceased was the primary caregiver
Additionally, the judge in some wrongful death cases in Oklahoma may grant punitive damages. Punitive damages, in contrast to other types of damages, are not intended to make up for your family’s or estate’s losses. Punitive damages are instead given out to penalize, especially terrible behavior, and to make it clear that outrageous behavior won’t be tolerated.
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Establishing and Proving Fault for a Wrongful Death Lawsuit
In civil lawsuits, evidence from medical records, witness and expert testimonies, and other documented events is used to support your claim. In order to establish a wrongful death claim, the plaintiff must show that the negligent party, known as the defendant:
- Owed the deceased person a duty of care
- That this duty was broken
- That this breach led to the person’s death
- That damages were sustained as a result of the death
In contrast to a criminal trial, the standard of proof in a wrongful death case is often lower. A seasoned wrongful death lawyer in Oklahoma City can clarify the legal definition of wrongful death in your state and assist you in pursuing the compensation you are entitled to if you lose a loved one as a result of someone else’s reckless conduct.
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Time Expires to File a Wrongful Death Suit in Oklahoma
A “statute of limitations” is a legal deadline specifying the time limit within which wrongful death claims must be filed. A wrongful death claim in Oklahoma must be made within two years of the decedent’s passing. The court will probably decline to consider the matter if it is not filed within this time frame.
Consider speaking with our unexpected death lawyers about the specifics of your case if you’re considering bringing a wrongful death claim in Oklahoma. We have trusted and compassionate attorneys who can explain how the law might apply to your individual situation because wrongful death claims can be complex.
What Are Common Causes of Wrongful Death?
Knowing that your loved one died is hard enough, but realizing that someone else may be to blame for it can be incredibly challenging. Yet, the term wrongful death can apply to a wide range of legal scenarios. Some of the more common causes of wrongful death in Oklahoma include:
- Car accidents
- Truck accidents
- Medical malpractice
- Bike accidents
- Pedestrian accidents
- Motorcycle accidents
- Work-related accidents
- Construction-related accidents
- Criminal acts
If your loved one died for any of these reasons or others, you may have the legal right to pursue compensation for the losses you have incurred. There is absolutely no way to make this better or easier, but your attorney can help you hold those accountable who allowed this to occur.
Even if you are unsure if the situation involves a wrongful death claim, it is best to set up a free consultation to speak to an attorney about your options. There is no risk of finding out what your options are.
Will the Police Go After Them, Though?
One of the reasons some people may delay pursuing a wrongful death claim is because they believe that the police will charge the person if they are guilty. That is not always the case.
A person may be responsible and negligent even though they did not outright break the law. Let your attorney help you determine what’s occurred in your case, even if the police are still investigating.
Get Justice for Your Loved One with a Free Consultation from an Oklahoma City Wrongful Death Lawyer
As traumatic as this experience has probably been for your family, you still deserve justice for your loss. It is important to hire a legal firm that will understand your grieving process while fighting diligently to protect your claimant rights and maximize your compensation. The BDIW Law Firm has a supportive wrongful death attorney in Oklahoma City to handle your legal dispute.
Our team will thoroughly investigate the death of your loved one, oversee legal documents that need to be filed, manage medical records, and speak with the insurance providers at every stage of negotiations. You will have time to fully grieve and obtain peace of mind knowing that committed legal counsel is in your corner. Contact us today for a free case evaluation.
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