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 who suffered a wrongful death, start the healing and recovery process by contacting a highly experienced Tulsa wrongful death lawyer at BDIW Law immediately.
Let our legal team be compassionate advocates fighting on your behalf to help you recuperate the losses you have experienced from this devastating event. Your Tulsa personal injury lawyer with BDIW Law understands the depth of pain and loss, offering comprehensive support every step of the way. Contact our law office to request a 100% free consultation today and get the legal support your family needs when you need it most
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, meaning there are many causes of wrongful death, but they generally fall under one of three categories:
Intentional acts mean the defendant meant to cause severe bodily injury or death. This is one of the most difficult types of wrongful death claims. Examples of intentional acts could include the following:
- Domestic violence causing fatal injuries
- 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. This is known as negligence. Some examples of accidents known for resulting in wrongful death include:
- Car accidents
- Construction accidents
- Dog bites and animal attacks
- Slip and fall accidents
- Pedestrian or bicycle accidents
- Bus and taxi accidents
- Work-related accidents
- Drowning or boating accidents
- Defective products
Medical malpractice is a lawsuit that 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
Speaking with a wrongful death lawyer in Tulsa, OK can help you understand the complexities of the legal system. The process of filing an action for wrongful death is stated in Oklahoma Statute §12-1053. The law determines who may file a wrongful death claim, but the person filing the claim will not necessarily be the sole beneficiary of the claim, as shares can be divided among one or more of the following family members or relatives:
- 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
You may be unsure whether you have the authority to file a wrongful death claim. If you are ready to take justice into your own hands, connect with our legal team. We can review the circumstances of your case and determine which family members or representatives will have the right to demand justice for your deceased family member.
Statute of Limitations Deadlines
The plaintiff must file the claim within two years of the day of their loved one’s death according to the Oklahoma statute of limitations for wrongful death claims. Pursuing action in a moment of grief can seem impossible, but 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 your wrongful death lawsuit is not filed within two years of the death, the courts will more than likely refuse to hear your case.
Recoverable Damages in a Wrongful Death Claim
Making the first call when you lose a treasured relative 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. Documenting the damages for a wrongful death claim can be difficult.
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.
Your wrongful death attorney in Tulsa, OK will understand the damages incurred. We can help you understand the financial compensation for all of your loss. Which damages could your family claim in a wrongful death lawsuit?
Examples of Recoverable Damages
Your family may be entitled to compensation for a variety of economic and non-economic damages. Some of these benefits may go to the decedent’s estate, while others may be for the sole benefit of the family. Some of the most common types of damages awarded in wrongful death actions include:
- 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
- The decedent’s funeral and burial expenses
Damages Awarded in Wrongful Death Claims Involving Minors
In some cases, the deceased was an unmarried minor. These can be some of the most emotionally taxing wrongful death cases. The parents of the deceased could file claims for the following types of damages:
- 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 that sends a message to the defendant that the court will not tolerate such behaviors. However, they are not awarded in most personal injury and wrongful death claims.
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BDIW Law’s Commitment to You and Your Family
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 who 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 Tulsa wrongful death attorney work on your behalf to maximize your compensation and demand the results you deserve, and with BDIW Law, you can expect:
- 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.
Your family does not need to go through this alone. Our legal advocates can handle every legal detail so your family can grieve in peace. Let us put our decades of experience and skill to work for you.
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Contact a Compassionate Wrongful Death Attorney to Begin 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 an empathetic and dedicated wrongful death lawyer with BDIW Law. Our dedication is to provide you with strong representation when the unthinkable happens, so let us do the hard work for you when you complete our quick contact form or call our office to schedule your free, no-obligation consultation as soon as today.
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