If you have arrived here after suffering the loss of a loved one due to a negligent driver, an untrained doctor, or other tragic circumstances, our law firm expresses deep sympathy for you and your family. As you process your grief, our wrongful death lawyers in Stillwater, Oklahoma, are here to seek justice on your behalf and demand accountability from those at-fault.
The complexities of filing a wrongful death claim can be overwhelming for anyone to manage alone. With the help of BDIW Law, you can focus on piecing your life back together while we fight to win you a fair settlement for medical costs, funeral expenses, and more.
During this challenging time, we encourage you to educate yourself on what a wrongful death claim consists of, who is eligible to receive a payout, and the timeline to file for compensation. If you still have questions or would like to retain our services, we are here to help.
Understanding the Fundamentals of an Oklahoma Wrongful Death Claim
A wrongful death case has many moving parts. A thorough understanding of state statutes, investigative strategies, and litigation methods may be required. Our firm can assist with all of this, but to ensure alignment, we’ve broken down the components of a wrongful death claim for easier conception.
Defining Wrongful Death by Oklahoma Law
Wrongful death claims are brought forward by the estate, surviving family, or heirs of someone who passed away unexpectedly from a personal injury. Wrongful death is caused by the reckless action or intentional conduct of another person, typically from:
- A car accident
- A commercial truck accident
- Medical malpractice
- Workplace accident
- Act of violence
Similar to a personal injury claim, an investigation is conducted to determine who is at fault, and proof of guilt is required before the deceased’s estate may be compensated.
How Wrongful Death Is Proven
In a wrongful death lawsuit, the person who filed the lawsuit must demonstrate that the offender’s carelessness or wrongdoing directly caused the victim’s death. This can be difficult to handle without legal counsel because it usually calls for intricate legal and factual analysis.
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Oklahoma’s Timeline to File a Wrongful Death Lawsuit
Each state has a designated timeframe in which plaintiffs can take legal action against an offender to receive compensation. This legal deadline is referred to as the “statute of limitations,” and qualifying persons in Oklahoma only have two years to launch a wrongful death action.
There are instances in which this period is shorter and the state’s tort claims act will apply. In any event, if the statute of limitations deadline is missed, the court will dismiss your case, and your claim may be irrevocably waived. To prevent missing your opportunity to collect compensation, it is necessary to consult with a Stillwater wrongful death lawyer right away.
Who Receives Compensation After a Wrongful Death Case in Oklahoma?
Oklahoma law mandates that an executor will initiate the wrongful death suit by filing a complaint or a petition. If a Stillwater, OK, lawyer wins a settlement in a wrongful death case or wins a verdict against the defendant in court, the award becomes an asset of the estate that must be distributed fairly.
Usually, the court will accept the heirs’ (the family members’) proposed allocation of the proceeds. If the heirs are unable to reach an agreement, one of the family members’ attorneys will need to file a “Motion to Disburse.” Afterward, the judge will decide how much money will be distributed to everyone seeking money from the estate.
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What is Included in Oklahoma’s Wrongful Death Settlement?
A successful attorney in Stillwater, OK, may be able to settle your wrongful death settlements before going to trial. In either instance, the settlement amount typically includes:
- Any pain and suffering the deceased endured prior to passing away
- Loss of companionship
- Funeral and burial costs
- Loss of consortium
- Loss of household services
- Financial losses based on the victim’s earning potential
- Loss of benefits
- Punitive damages
- Medical bills
This list is not inclusive of all costs since there is no preset average wrongful death settlement for any state. It is strongly advised that you calculate the value of your claim with a knowledgeable unexpected death attorney in Stillwater, OK, to get the most accurate calculation.
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Why an Attorney Is Necessary for Unexpected Death Claims
The cost usually ends up being the biggest factor for most people when assessing the benefits and disadvantages of hiring an attorney. However, with our firm, fees in wrongful death and personal injury cases are charged on a contingency basis, so you won’t have to worry about paying anything until after you receive a settlement.
The following are the main benefits of hiring a wrongful death legal team:
Our lawyers are knowledgeable about the laws and rules that relate to unanticipated death cases, such as wrongful death statutes, insurance rules, and civil litigation rules. They can guide you through the legal process and help you explore your legal alternatives.
Unexpected death claims require an in-depth discovery phase to assign the cause of death, the accountable parties, and any potential damages. Lawyers are equipped with the knowledge and tools necessary to carry out in-depth research and develop a compelling case.
Attorneys are skilled negotiators who may work with insurance providers, hospitals, and other parties to get you the settlement you are due. Families of wrongful death victims are usually persuaded to accept the initial settlement amount provided by insurance companies, but a knowledgeable litigation attorney can help you avoid this error.
Losing a loved one is never easy, but unexpected death claims can be particularly painful. In order to help you understand the legality of everything while simultaneously dealing with the emotional effects of the loss, our attorneys can offer guidance and emotional support for the entire process.
Compassionate Legal Help You Can Trust in Stillwater, OK
Contact BDIW Law today for a free case evaluation if you incur financial issues due to your loved one’s unexpected passing. Our Oklahoma wrongful death attorneys will help investigate your Stillwater case and put forth the effort necessary to get you the money that your family rightfully deserves.
We stand firm with insurance companies and other law firms that fight to devalue your claim. As our client, you will be able to concentrate on your own healing while we address your legal concerns. Allow us to take some of the responsibility off your plate and protect your rights as a claimant. We will try our best to win you the largest possible settlement.
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