A Tulsa, OK wrongful death lawyer 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 loss 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.
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The word “wrongful” speaks to both moral and legal culpability for a breach of the duty of personal liberty and bodily integrity owed to all members of society. When this duty is breached so egregiously by intentionally wrongful conduct (e.g. physical violence) or negligence (e.g. drunk driving) that a death results, the death is “wrongful” because the conduct that caused it is wrongful.
Examples of negligent or intentionally wrongful conduct that constitute bases for wrongful death claims in Oklahoma include:
There are only certain individuals who qualify under the law to file a wrongful death lawsuit for a victim’s death. A Tulsa wrongful death lawyer can determine if you qualify. Generally, however, the following survivors can pursue a claim:
A wrongful death claim must be filed within a specified window of time following a loved one’s passing. This is referred to as the statute of limitations. In Oklahoma, the statute of limitation for a wrongful death claim is two years from the day of the victim’s death.
If you have lost a loved one due to the actions of another party, call Wandres Law, PC to find out what legal recourse you may have to obtain financial justice for your loved one’s death. Call our office today to schedule a free and confidential consultation with a dedicated Tulsa wrongful death lawyer.
Walking is a great form of exercise and can help people save money on gas. However, walking on busy streets can also make them vulnerable to motorists. If motorists are speeding or acting in another negligent way, they can hit pedestrians and potentially kill them. If your loved one was recently killed in a pedestrian accident, you may want to speak with a Tulsa, OK wrongful death attorney about filing a wrongful death claim. You deserve to be properly compensated for your loss.
Here are some important things to know about filing a wrongful death claim after a pedestrian accident.
While you can certainly take time to grieve your loved one’s death, you can’t wait too long to pursue a claim. In Oklahoma, the statute of limitations to file a wrongful death claim is two years after the person’s death. After that deadline has passed, you are no longer eligible for compensation.
Some people are under the impression that they can’t pursue a wrongful death claim if their family member’s death was an accident. This is not the case. Even if there was no intent involved, you may still be entitled to compensation. For example, if your loved one was killed in a car accident caused by distracted driving, you can still file a claim. You just have to prove that the defendant’s negligence directly resulted in your family member’s death.
If you want to pursue a wrongful death claim, it is wise to have a Tulsa wrongful death attorney on your side. Dealing with a wrongful death claim can be very overwhelming when you are grieving over the loss of a loved one. You may not be able to think straight and make the wrong decisions. An experienced attorney can take care of the legwork so that you can focus on you and your family. He or she can file the paperwork, collect evidence and communicate with the defendant’s insurance company.
In a wrongful death claim, there may be more than one party to blame. For example, if your loved one was killed in a truck accident caused by fatigued driving, you may file a claim against the truck driver and the trucking company for letting the trucker drive too many hours. Likewise, if the accident occurred due to a defective part, the truck manufacturer may be held responsible.
It is not uncommon for families to struggle financially when the breadwinner has died. Fortunately, a wrongful death can account for future loss of income. Your Tulsa wrongful death attorney can look at your family member’s age, past earnings and other factors to determine future lost earnings.
According to a Tulsa, OK wrongful death lawyer, claims can be complicated and stressful to navigate, especially if you are grieving the loss of a loved one. If you have questions about wrongful death cases, you are not alone. Learn more about some of the most frequently asked questions about wrongful death cases. We hope this information will help provide you with some clarity and peace of mind. Contact Wandres Law, P.C. today for more information.
If someone you love has been killed due to the negligence or intentional acts of another, you may be eligible to pursue a wrongful death claim. This type of claim is intended to seek financial compensation for the survivors who have suffered losses as a result of the death. In general, a wrongful death case requires proof that the person or organization being held responsible was negligent, or acted intentionally, and that this negligence or intent caused your loved one’s death. The most common types of wrongful death cases involve car accidents, medical malpractice, product liability, and criminal acts. When seeking legal advice about a potential wrongful death case, it is important to provide your attorney with as much information as possible about the incident. This includes records from the police, doctors, witnesses, and any other relevant documents. Your attorney can use this information to assess your eligibility for a wrongful death claim.
The time period for filing a wrongful death claim varies from state to state, but generally speaking, most states impose a statute of limitations for filing a wrongful death suit. Generally, the statute of limitations for wrongful death claims is two years from the date of death in most states. This means that if you intend to file a wrongful death claim on behalf of a loved one, you must do so within two years from the date of death in order to preserve your rights. It is important to note, however, that there are some exceptions to this two-year rule. In some cases, the statute of limitations may be longer, or even shorter, depending on the specifics of the case. For example, some states have “discovery” rules which allow the statute of limitations to be extended if certain facts were not known or could not reasonably have been discovered at the time of death. Additionally, certain parties such as minors or those suffering from mental incapacity may have additional time to file a claim.
Under Oklahoma law, the executor or administrator of the deceased person’s estate may file a wrongful death claim on behalf of the surviving family members. This may include the deceased’s spouse, children, parents, or other immediate family members. Other laws vary by state.
When it comes to wrongful death claims, the compensation available can vary greatly depending on the circumstances of each case. Generally, wrongful death claims are evaluated based on the economic and non-economic losses that have been incurred due to the death. This can include funeral expenses, lost wages, medical costs, and the emotional pain and suffering of those affected. A Tulsa wrongful death lawyer can help you assess the value of your claim and determine the best course of action for seeking compensation.
When your loved one passes as the result of another party’s negligence, you may want to file a wrongful death claim but are not sure of the steps to take. In fact, legal matters can often be so overwhelming and difficult that many people decide not to pursue them because it is too much to handle during a time of grief. When there is finally time to sit down and move forward, the statute of limitations may be up and there is nothing to do. This is why one of the best things you can do is work with a lawyer when you believe someone else’s negligence or recklessness caused your loved one to become injured and die. When you are ready to move forward, reach out to our office.
As you move forward with honoring your loved one and filing a claim, there are steps you should take.
You should not be concerned that your loved one will not be brought to justice. Instead, speak with our trusted lawyers to learn more about how we can help with your wrongful death case now.
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 a 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 with help from our Wandres Law, P.C team. However, there can be several complexities 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 a Tulsa wrongful death lawyer at Wandres Law, P.C. 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 an experienced lawyer to learn the path forward.
As a Tulsa wrongful death lawyer will share, the person bringing forth the case carries the burden of proof, meaning they will have to prove that, based upon the preponderance of the evidence that the responsible party’s negligence resulted in the person’s passing. A lawyer will assist their client in identifying the following vital elements with evidence to support each:
When seeking compensation for damages, victims will not only need to supply evidence that supports each key element of the accident case, but they will also need to provide evidence that supports the damages suffered by the victim and their families. Critical evidence that a 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 process, lawyers and insurance companies will work to negotiate a fair settlement. If an agreement cannot be reached, the victim’s 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.
When a person has passed away, and legal action is the appropriate step to take, a lawyer can play a crucial role in supporting grieving loved ones seeking the right to hold the responsible party accountable. A lawyer can not only provide guidance, but they will also work to build a solid legal case, gather evidence and support their client’s interests. To learn more about how our Tulsa wrongful death lawyer can assist, contact our Wandres Law, P.C team.
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