Our personal injury law firm understands that the loss of a loved one from an event other than natural causes is a deeply traumatic experience. It is natural to feel profound sadness, anxiety, and even anger – especially if the death would not have occurred but for the negligent or intentionally wrongful conduct of an individual, business, or institution. Besides these already upsetting emotions, panic may creep in with regard to financial matters, especially if the lost loved one occupied the valuable role of a primary or co-equal income earner. While nothing can undo the trauma of losing a loved one, Oklahoma’s wrongful death law does offer survivors of a wrongful death victim the opportunity to seek financial compensation from those responsible for the wrongful death and its consequences.
Our Tulsa, OK wrongful death lawyer has extensive experience handling personal injury cases and we are prepared to seek justice for the wrongful death of your loved on. Call Wandres Law, PC now to schedule a free and confidential case evaluation. You don’t pay unless we win your case, so don’t delay in getting the legal guidance you need to pursue legal action.
The loss of a loved one is always a profound and painful experience. When this loss is caused by someone else’s negligence or wrongful act, it can lead to a wrongful death claim. In Oklahoma, the law specifies who is eligible to file such a claim. At Wandres Law, PC, we aim to provide clarity and support to those considering a wrongful death lawsuit.
In the state of Oklahoma, the laws regarding who can file a wrongful death claim are quite specific and restrictive. These laws dictate that only certain individuals, based on their relationship with the deceased, are permitted to initiate such a claim. This means that not just anyone can pursue a wrongful death lawsuit; instead, it’s typically limited to those who were closely related to the deceased. This eligibility criterion is designed to make sure that only those who were directly affected by the loss and have a legitimate emotional and often financial connection to the deceased are able to seek legal recourse. The following individuals are typically eligible:
In many instances, the responsibility of filing a wrongful death claim falls upon the personal representative of the deceased’s estate. This individual, commonly referred to as the executor, plays a pivotal role in managing the deceased’s final affairs and is often explicitly designated in the deceased’s will. If the deceased did not specify a personal representative in their will, or if there is no will, a court may appoint someone to fulfill this role. The personal representative’s duties extend beyond mere estate management. They are also tasked with the significant responsibility of initiating a wrongful death lawsuit. This involves legally representing the interests of the deceased’s estate and, by extension, the interests of the beneficiaries or heirs. The job is not only administrative but also carries a legal weight, as the personal representative must work through the challenges of wrongful death laws to effectively pursue the claim.
In Oklahoma, wrongful death claims encompass a broad spectrum of compensatory aspects, addressing both tangible and intangible losses. These damages are categorized into economic (financial) and non-economic types, each reflecting different facets of loss caused by the wrongful death. The following is a detailed breakdown of these damages:
This includes all the healthcare costs that were incurred as a result of the injury that eventually led to the death. It covers hospital bills, medical treatments, surgeries, medication costs, and any other healthcare services that the deceased required due to the fatal injury.
These damages cover the costs associated with the deceased’s funeral services and burial. It encompasses everything from the funeral home charges, casket or urn costs, ceremony expenses, to the burial plot and headstone.
This refers to the financial support the deceased would have contributed had they lived. It includes not only their current income but also future earnings that are now lost to the family or dependents. This calculation often considers the deceased’s earning potential, career trajectory, and retirement benefits.
These non-economic damages acknowledge the emotional and relational loss suffered by the family members or close associates of the deceased. It compensates for the loss of love, companionship, guidance, and emotional support that the deceased would have provided.
This category compensates for the physical pain and emotional distress the deceased endured between the initial injury and their eventual death. It recognizes the suffering that the deceased might have experienced due to the injury.
In cases where the wrongful death resulted from gross negligence or deliberate malicious acts, the court may award punitive damages. These are not intended to compensate for a loss but rather to punish the wrongdoer and serve as a deterrent against similar actions in the future.
Each of these types of damages serves to provide a comprehensive compensation package for the beneficiaries of the deceased, reflecting the multitude of ways in which the wrongful death has impacted their lives.
The pain of losing a loved one is immeasurable, especially when the loss is unexpected and due to someone else’s negligence. This is where the concept of a wrongful death lawsuit comes into play. As wrongful death lawyers in Tulsa, OK, our AV-rated law firm understands the gravity of such situations and are committed to providing compassionate and effective legal support to those left behind.
One prevalent type of wrongful death case stems from medical malpractice. This occurs when a healthcare professional deviates from the standard of care in their field, resulting in the death of a patient. Examples include surgical errors, misdiagnosis, birth injuries, and failure to treat a condition appropriately.
Workplace fatalities also lead to wrongful death claims. Despite strict occupational safety regulations, accidents happen, often due to inadequate safety measures, faulty equipment, or negligence. Construction sites, factories, and warehouses are common settings for such tragedies.
Automobile, motorcycle, truck, and pedestrian accidents are among the most common causes of wrongful death. Reckless driving, driving under the influence, and failure to obey traffic laws often result in catastrophic accidents, leaving families to mourn the loss of their loved ones.
Manufacturers are responsible for ensuring their products are safe for consumers. When defects in design, manufacturing, or labeling lead to a death, a wrongful death lawsuit can be filed. These cases can range from faulty automotive parts to unsafe children’s toys.
Property owners have a duty to maintain a safe environment. If someone dies due to unsafe conditions on someone else’s property – be it a slip and fall or a structural collapse – a wrongful death claim may arise.
Wrongful death cases also arise from criminal acts such as homicide. While the criminal justice system can prosecute the offender, a wrongful death lawsuit is a civil action that seeks financial compensation for the survivors.
Wrongful death occurs when an individual dies as a result of someone else’s negligence, recklessness, or intentional wrongdoing. In the United States, wrongful death claims are commonly related to car accidents, medical malpractice, workplace accidents, and criminal actions. According to the Centers for Disease Control and Prevention (CDC), more than 200,000 people in the U.S. die from unintentional injuries each year, which are a significant cause of wrongful deaths. The National Safety Council (NSC) estimates that the economic cost of these deaths, including medical expenses and lost productivity, exceeds $400 billion annually.
Motor vehicle accidents are one of the leading causes of wrongful death. The National Highway Traffic Safety Administration (NHTSA) reports approximately 38,000 people die in motor vehicle crashes every year, with many of these fatalities being due to driver negligence, such as speeding or impaired driving. Additionally, medical malpractice is a major source of wrongful death claims. The Johns Hopkins School of Medicine estimates that medical errors are responsible for over 250,000 deaths each year, making medical malpractice one of the leading causes of wrongful deaths in the U.S.
Workplace accidents are also a significant contributor. The U.S. Bureau of Labor Statistics (BLS) reports 4,764 workplace fatalities in one year, with construction, transportation, and manufacturing being the most hazardous industries.
The following charts illustrate key trends related to wrongful death:
When a person passes away, the experience can leave family and friends deeply impacted by the loss but, when a person passes away unexpectedly and at the hands of a responsible party whose actions were negligent, a critical step will be to contact our Tulsa, OK wrongful death lawyer. Accidents of this nature can be complicated, and because the outcome resulted in death, damages can be significant, and for loved ones left behind, compensation may be much needed. The family members of victims have a right to pursue legal action for personal injuries with help from our Wandres Law, P.C team. However, there can be several challenges to the legal process, leaving families with many questions regarding the best way to move forward.
In many wrongful death cases, the person who died may be found partially at fault for the incident that caused their death. In these cases, it is possible to still pursue a wrongful death claim, though the amount of compensation you may receive could be reduced depending on the degree of fault attributed to the deceased. It is important to speak to our personal injury attorney to understand your legal options and potential compensation.
Cases of this nature can be both intentional or result from negligence. When a person has passed away, loved ones may want to know how to proceed with the legal process and who may be eligible to bring forth a wrongful death claim. In most cases, immediate family members can file wrongful death claims. However, while there may be multiple qualified parties, remember that only one wrongful death claim can be filed through the decedent’s estate. To determine the appropriate process, family members considering legal action should speak with our experienced lawyer to learn the path forward.
The person bringing forth the wrongful case carries the burden of proof, meaning you will have to prove that, based upon the preponderance of the evidence, the responsible party’s negligence resulted in the person’s passing. Our lawyer will assist you and your family in identifying the following vital elements with evidence to support each:
When seeking compensation for damages, you will not only need to supply evidence that supports each key element of the accident case, but you will also need to provide evidence that supports the damages suffered by the decedent, you, and your family. Critical evidence that our Oklahoma personal injury lawyer can assist in gathering will include:
Many people will be looking to resolve the legal process as soon as possible so that they can move forward. Wrongful death cases can take several months to several years to complete. However, the length of time the case may take can vary depending on the legal process that is pursued. Victims’ families can file a wrongful death claim or lawsuit with the insurance company. Often, the appropriate way to initiate the process is to file a wrongful death claim with the insurance company. Through this part of the personal injury legal process, lawyers and insurance companies will work to negotiate a fair settlement. If an agreement cannot be reached, our lawyer may recommend pursuing a lawsuit, which may take longer to resolve. While filing a lawsuit can yield more significant settlement amounts, it’s possible to walk away empty-handed if the court does not rule in the plaintiff’s favor.
A wrongful death claim allows the survivors of an individual who passed away due to the wrongful actions of another party to seek financial recovery. These claims arise when a person’s death results from circumstances such as medical malpractice, workplace accidents, or vehicle collisions. In Oklahoma, the claim is typically filed by a personal representative of the deceased’s estate on behalf of the surviving family members or beneficiaries.
A survivor claim allows the family or estate of a deceased individual to pursue compensation for losses directly linked to their untimely death caused by another party’s actions. This type of claim encompasses a wide range of losses, such as medical expenses incurred before death, funeral and burial costs, and compensation for the pain and suffering endured by the deceased prior to passing. Survivor claims are a critical component of Oklahoma’s wrongful death law, providing families a pathway to address both financial burdens and emotional hardships.
We approach survivor claims with empathy and precision, so that all eligible losses are accounted for. By carefully documenting the impact of the death on the family, we aim to secure the compensation they need to find stability during a challenging time.
Estate administration is the process of organizing and managing a deceased person’s assets, liabilities, and legal affairs. When wrongful death claims are pursued, the estate administrator or executor plays a pivotal role in filing the claim and making sure that any compensation benefits the estate’s beneficiaries. This process includes gathering necessary documentation, such as financial records, medical bills, and evidence related to the cause of death, to support the claim.
Our personal injury legal team provides guidance throughout the estate administration process, ensuring that administrators fulfill their legal responsibilities and that the estate’s interests are fully represented in the wrongful death claim.
Loss of consortium refers to the emotional and relational losses experienced by the family of the deceased. This term encompasses the loss of love, companionship, guidance, and support that the deceased would have provided to their loved ones. Spouses may seek compensation for the loss of marital companionship, while children might pursue claims for the absence of parental guidance and care.
At Wandres Law, PC, we work closely with families to highlight the profound impact of their loss. By presenting detailed evidence, including testimonials and specialists’ assessments, we aim to secure compensation that acknowledges the emotional void left by the death of a loved one.
Wrongful act claims arise when a death is caused by the intentional or reckless actions of another party. These cases can include incidents such as assault, criminal negligence, or severe breaches of safety standards. Unlike criminal cases, which focus on punishing the perpetrator, wrongful act claims are civil cases that seek financial recovery for the surviving family members and the deceased’s estate.
Our Tulsa personal injury attorneys draw on years of experience handling wrongful act claims to craft compelling arguments. By meticulously gathering evidence, consulting professionals, and anticipating the opposition’s tactics, we advocate for justice on behalf of grieving families.
Compensation for future earnings addresses the financial void left by the loss of the deceased’s income and financial contributions. This type of compensation accounts for the wages and benefits the deceased would have provided to their family had they lived. Calculating future earnings requires careful consideration of several factors, including the deceased’s age, career trajectory, earning potential, and life expectancy.
We collaborate with economists and financial professionals to develop accurate projections of these earnings. This verifies that families receive fair compensation for the long-term financial impact of losing their loved one’s support.
Funeral expense recovery provides compensation for the costs incurred by the family to honor and lay their loved one to rest. This includes funeral home charges, burial plot fees, headstone costs, and other related expenses. While these expenses are often necessary and immediate, they can place a significant financial strain on families already struggling with emotional loss.
Our wrongful death attorneys prioritize making sure that funeral and burial costs are fully included in wrongful death claims. By compiling comprehensive documentation, accurate calculations of damages, and working closely with families, we strive to relieve the financial burden associated with these final arrangements.
1202 E 33rd St, Tulsa, OK 74105
Dealing with the legal process of wrongful death claims in Oklahoma can be challenging, especially while coping with the emotional toll of losing a loved one. To make sure that your rights are protected and that you receive the compensation you deserve, it’s vital to consult with our experienced wrongful death attorney who can guide you through the process.
At Wandres Law, PC, we understand the profound impact of wrongful death on families. Our compassionate and knowledgeable attorneys are here to provide you with the support and legal representation you need during this difficult time. If you believe you have a wrongful death claim, please don’t hesitate to reach out to us for a free consultation with our skilled Tulsa wrongful death lawyer. We are committed to helping you seek justice for your loved one and holding those responsible accountable for their actions. Contact us today to get started on your personal injury claim.
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1202 East 33rd Street
Tulsa, OK 74105
3030 NW Expressway
Suite 200 # 392
Oklahoma City, OK 73112
