Losing a loved one in an unexpected accident – especially if the death was caused by someone else’s negligence – is one of the most devastating experiences anyone can face. Not only is your emotional loss profound, you may also be feeling financial stress because you no longer have the victim’s income and resources to support you.
A wrongful death lawsuit can help you demand justice for your loved one and seek the compensation you need after tragedy strikes. In Oklahoma, a personal representative of the victim’s estate may file a wrongful death claim. This person – often the spouse of the victim or another close family member – represents the deceased as well as the other beneficiaries of the estate.
Wrongful death claims can be complicated, but you don’t have to handle this alone. If you have lost someone close to you due to someone else’s careless or intentional act, contact the experienced and caring Tulsa personal injury attorneys at Edwards & Patterson Law now. We are here to answer your questions, explain your options, and help you through this difficult time. Call us today to schedule your free initial consultation.
Who Can File A Wrongful Death Claim in Oklahoma?
Oklahoma law says that a “personal representative” of the deceased’s estate may file a wrongful death claim in court. This personal representative stands in for both the deceased and for any heirs or beneficiaries of the estate.
In some cases, the deceased will have named a personal representative of choice in a will or some other document. Spouses, siblings, and children are some common choices. However, if the named representative is unwilling or unable to serve in that capacity, the court may appoint a personal representative.
How Long Do You Have to File a Wrongful Death Claim in Tulsa?
Any wrongful death claim in Oklahoma must be filed within two years of the person’s death. This is separate from any statute of limitations on any criminal act in relation to how the person died. (A wrongful death claim is a civil matter, and it will be completely separate from any criminal proceedings that take place.)
Don’t wait to speak to an attorney if you believe your family has a wrongful death claim, even if criminal proceedings are underway or potentially forthcoming.
How Is Wrongful Death Defined in Tulsa, OK?
Oklahoma state law defines wrongful death as one caused by someone else’s actions or failure to act. This covers intentional acts as well as recklessness or negligence. A wrongful death claim is separate from any criminal charges filed by local or state authorities.
How Do You Prove Fault in A Tulsa Wrongful Death Claim?
In a wrongful death claim, the crucial component of your case will be to prove that the other party was negligent and that party’s actions, or failure to act, directly led to your loved one’s death.
This is more difficult in some cases than others. Even seemingly straightforward cases, like drunk driving accidents, require extensive evidence and documentation to prove fault and show damages.
Our experienced Tulsa wrongful death attorneys have the skills and the resources to handle these complex claims. We will work closely with investigators, medical specialists, and financial experts to build the strongest possible case on your behalf.
What Damages Can Be Recovered in a Tulsa Wrongful Death Suit?
In Oklahoma, there are two broad categories of damages you can collect in a successful wrongful death claim. They are:
- Damages on behalf of the deceased ─ These are things the deceased could have pursued in a personal injury case had he or she not died. This compensation can go to the deceased’s surviving family, and it includes things like any pain and suffering the deceased endured before death, lost wages and other income, etc.
- Damages on behalf of the family ─ These are damages sustained by the surviving family members or heirs as a result of the deceased’s untimely death. Damages can include compensation for grief, loss of companionship and support, lost future income, property damage, funeral and burial expenses, etc.
Depending on the circumstances of the individual case, Oklahoma also allows for punitive damages in some wrongful death cases. Punitive damages are aimed at deterring bad actors by punishing them for particularly egregious conduct.
What Are Common Causes of Wrongful Death in Tulsa, Oklahoma?
Wrongful deaths can result from a wide range of causes. Some of the more common causes of wrongful deaths in Oklahoma are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Defective products
- Unsafe premises, such as in the case of a slip and fall
- Medical malpractice
- Industrial accidents
- Workplace accidents
- Exposure to toxic chemicals or products (i.e., asbestos)
- Construction site accidents
- Nursing home abuse and neglect
Contact Our Experienced Tulsa Wrongful Death Attorneys Today
It is heartbreaking when someone we love passes away when the person should have had many more years ahead of them. If someone in your family has died due to the negligence of another party, you have the right to demand answers, seek justice, and pursue full compensation for your untimely loss.
Our experienced and compassionate wrongful death lawyers at Edwards & Patterson Law in Tulsa have years of experience successfully taking on these complex cases. We are dedicated to finding justice for you and your family. Our law firm has a strong track record of successful results, including a $25 million settlement in a recent wrongful death claim.
Do not wait to get a knowledgeable Tulsa wrongful death attorney on your side. We are available 24/7 and are here to answer any questions you have. If you need a wrongful death lawyer in Tulsa, call our law office today or reach out to us online for a free consultation.