Oklahoma City Wrongful Death Lawyer

Wrongful Death Attorneys in Oklahoma, OK

Losing a loved one due to wrongful death is an indescribable tragedy, and amid navigating the complex Oklahoma legal system and finding emotional strength, it can be difficult to continue without legal support. For this reason, an Oklahoma City wrongful death lawyer can be the foremost and most effective asset when carrying out the process of a wrongful death claim.

222 Injury Lawyers is a family firm of injury attorneys, and we have represented cases similar to yours. We understand what you’re going through in dealing with the loss of your loved one, and we can provide you with compassionate support in this difficult time.

For nearly 30 years, our father and son law firm has prided itself in offering our clients compassion while working aggressively to recover the damages rightfully owed to them and their loved ones who have suffered a personal injury accident, wrongful death, or other injury.

Insurance companies know us as wrongful death lawyers who are highly skilled in negotiating and who are not afraid to go to court if necessary to maximize settlement awards. Our reputation for exhibiting the utmost confidence in the courtroom precedes us in every case we take on, as we have built a successful law firm around our commitment to never back down to insurance companies.

What Is a Wrongful Death Claim?

A wrongful death claim is much like a personal injury claim in that it’s due to the negligence or legal misconduct of someone else, but wrongful death claims involve a death rather than an injury. Oklahoma law maintains that the at-fault party is responsible for the losses the personal injury victim incurred due to their injury or, in the case of a loved one’s wrongful death, the losses suffered by the family due to the death of that loved one.

A wrongful death claim seeks monetary retribution or reimbursement from the guilty or at-fault party to cover the expenses related to the death and injury of the victim. This may include medical bills, loss of wages, pain and suffering, loss of consortium, and funeral and burial expenses, as well. The money goes to the family of the victim to help cover these costs, as well as the costs of their own personal and emotional loss.

In Oklahoma City, wrongful death claims must be filed by the deceased’s personal representative if they had legally named one in estate planning. If they hadn’t named a personal representative at the time of their death, state law states the next of kin may bring about the wrongful death claim, which includes children, parents, or spouses of the deceased.

A wrongful death can occur anywhere at any time. Some common examples of wrongful death claims include fatal distracted driver car accidents, DUI accidents, workplace accidents, dog attacks, or defective products that resulted in the death of some or all who used them.

Oklahoma Wrongful Death Basics

In order to initiate a wrongful death claim, some key elements must be established. This involves proving a duty of care was owed to your loved one when they passed away. Your wrongful death lawyer must demonstrate that the responsible party was, in fact, legally obligated to exercise reasonable care in the situation in which your deceased loved one was wrongfully killed.

Responsible parties are often identified as medical professionals, at-fault drivers involved in car accidents, employers, property owners, and others.

Secondly, lawyers must establish that there was a breach of duty in that the party responsible for your loved one’s passing failed to fulfill the duty of care named previously, whether by unintentional or intentional negligence or carelessness.

Thirdly, causation needs to be proven. There must be a direct link established and verified between the breach of duty and your loved one’s death. It must be demonstrated to the court that the actions or inactions of the responsible party or parties did, in fact, lead to your loved one’s passing.

The fourth and last necessary component to achieve a successful wrongful death claim is the recovery of damages. Damages must first be assessed and may include any expenses your family incurred as a result of the unfortunate passing of your loved one. Damages are typically awarded for things such as medical expenses, lost wages, emotional distress, loss of companionship, and funeral costs.

What Can an Oklahoma City Wrongful Death Law Firm Do?

An Oklahoma City wrongful death lawyer can act as your advocate in all legal capacities, gathering evidence, interviewing witnesses, consulting with professionals, and handling any necessary paperwork or court proceedings required of you on your behalf. This can reduce the amount of stress claimants experience significantly.

An attorney should be there to offer support both legally and emotionally to assist their clients in this difficult and painful process, which puts an impersonal, legal filter over what should be a personal and private experience.

Most importantly, a skilled Oklahoma wrongful death lawyer can defend your right to receive compensation for the expenses and hardships you’ve incurred due to the death of your loved one at the fault of another party. They can seek a fair compensation award that covers all your costs, both psychological and financial.

Although your loved one’s death was likely untimely and unexpected, at the very least, receiving the compensation you deserve means that the burden of expenses doesn’t have to fall entirely on the shoulders of family and loved ones left behind. You shouldn’t pay for an accident you didn’t cause.

Our dedicated legal team at 222 Injury Lawyers is committed to providing our clients with compassion and support every step of the way, keeping them updated, answering questions, and navigating them gently through the process while, at the same time, aggressively seeking the compensation they rightly deserve. We stand up to insurance companies so that you don’t have to do so alone.

What Is the Statute of Limitations in Oklahoma for Wrongful Death Claims?

In Oklahoma, the statute of limitations to file a claim for a wrongful death case is two years, meaning wrongful death claims must be filed within two years of the date of your loved one’s passing. Oftentimes, completing the steps listed above takes time, and the more that time passes, the less information that can be found. Therefore, the earlier you file your claim, the more likely you are to obtain a maximized settlement award from your case.

Estimating an Oklahoma Wrongful Death Compensation Amount

There are several key factors that are taken into consideration by attorneys and insurance adjusters when determining the compensation amount to award the spouse or close family member of someone who died in a wrongful death case.

Wrongful death attorneys are highly skilled in assessing damages and expenses and then presenting and relaying proof of them to insurance companies and in court. This is a crucial step in maximizing settlement amounts in wrongful death cases.

Some of the primary factors that influence how a wrongful death settlement award is calculated are explained below.

• Economic Losses – Economic losses encompass reimbursement for medical expenses, lost wages, income-earning capacity, and funeral and burial costs. These are typically calculated by the actual cost of such expenses within the claimant’s region or area.
• Non-Economic Damages – Non-economic damages are also eligible for recovery. These include pain and suffering, emotional distress, and loss of companionship (loss of consortium), and are much more subjective in nature and more difficult to prove.The severity and duration of the emotional impact the death of your loved one will have on you and your family members’ livelihood and well-being is also considered. It plays a significant role in determining how much non-economic damages will be awarded.
• The Nature of and Extent of Damages – The injury, severity of the injury, and the harm suffered by the victim and their loved ones play a large role in determining a settlement amount for compensation. Emotional and financial losses both prior to and following the death of the victim are considered as well.
• Insurance Coverage – When insurance coverage is a component in a wrongful death case, the final settlement may be limited in terms of the policy. Many times, it acts as a cap on the total amount that can be recovered. When this is a factor, it is important to show proof of all injuries, expenses, and damages incurred to maximize the award owed to the deceased’s loved ones, even if it reaches that cap.
• Liability and Culpability – The settlement amount may be affected by the degree to which the responsible party was at fault and directly contributed to the death of the victim. The more intentional the behaviors and negligence of the at-fault party, the higher the compensation that will be awarded. Alternatively, if the victim played a role to any degree in the occurrence of their own death, this can decrease settlement award amounts.

Should I Hire an Attorney for a Wrongful Death Case?

Many of the above factors are subjective, which leaves room for argument. However, other factors can be tangibly demonstrated, which makes them easier to verify. Either way, a well-versed wrongful death attorney will know how to exhibit these expenses to the insurance adjuster, as well as to the court, if necessary.

Furthermore, an attorney can be the most useful resource for advising the surviving relatives of a wrongful death victim regarding what they can expect to receive in damages. An attorney can provide their client with a calculated and precise estimate of the amount they should ask for and the realistic amount they should expect to receive from the insurance company at the culmination of a successful case.

FAQs About Oklahoma City Wrongful Death Law

Can You Sue for Wrongful Death in Oklahoma?

Wrongful death is a civil action claim against the defendant for another party’s injuries or damages that resulted from the defendant’s carelessness or negligence. The surviving spouse, parents, and children of the deceased individual, in some cases, are eligible to file wrongful death claims. Wrongful death compensation can cover costs the family incurred as a result of their loved one’s death.

What Are Wrongful Death Damages in Oklahoma?

Wrongful death damages are defined by Oklahoma state law as a plaintiff’s claimed losses in a wrongful death case. The death of their spouse, child, or loved one warrants compensation for the losses incurred by medical bills and burial expenses. In a successful wrongful death claim, the court awards damages to the deceased’s survivors.

What Is Wrongful Death in Law?

Oklahoma law defines wrongful death as the death of someone due to negligence or wrongful conduct caused by medical malpractice, a vehicle accident, a defective product, lack of effective safety measures or signage, or another situation that resulted from another party’s carelessness. Close family members of the deceased may be able to pursue a wrongful death claim to seek compensation for their losses.

What Is Loss of Consortium in Oklahoma?

Oklahoma defines the loss of consortium as a loss of companionship or affection. These are damages awarded to the surviving spouse, parents, or child of someone whose wrongful death left them without care or companionship that would otherwise have lasted their lifetime. Loss of consortium can apply to loss of comfort, companionship, sexual relations, or ability to bear children.

Seeking Legal Counsel from a Reputable Oklahoma City Wrongful Death Lawyer

If you’ve suffered the loss of a loved one and feel that their death was the result of another party’s intentional or unintentional negligence, carelessness, defective product, or failure to provide an adequate duty of care, you may be eligible for a wrongful death claim. In such a claim, you can reclaim compensation for the expenses incurred as a result of your spouse’s, parent’s, or child’s death.

At 222 Injury Lawyers, we handle cases like yours and seek to recover damages from insurance companies on your behalf. Get the wrongful death settlement you are entitled to. Contact 222 Injury Lawyers to discuss how we can help you recover the expenses and damages you incurred due to your loved one’s untimely and wrongful passing.