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Tulsa Wrongful Death Lawyer

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Wrongful Death Lawyer Tulsa, OK

Wrongful Death Lawyer Tulsa, OK - laptop and stethoscope image

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.

Types of Deaths Considered Wrongful Under Oklahoma Law

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:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian and bike accidents
  • Premises liability
  • Defective product
  • Medical Malpractice
  • Elder abuse or neglect
  • Child abuse or neglect
  • Fatal dog attacks
  • Drowning
  • Assault and battery
  • Manslaughter
  • Murder
  • Eligible Survivors of a Wrongful Death Victim

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:

  • Spouses
  • Domestic partners
  • Children
  • Grandchildren (if your parents are also deceased)
  • Other minor children (e.g. stepchildren) who were financially dependent on the wrongful death victim for at least 50% of their support
  • Anyone else who would be entitled to the wrongful death victim’s property under the state’s intestate succession laws (when someone dies without a will)
  • Representative of the victim’s estate

Beginning the Wrongful Death Legal Process

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.

Contact Our Wrongful Death Law Firm

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.

What to Know About Filing a Wrongful Death Claim for Fatal Pedestrian Accident

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.

You have two years to file a wrongful death claim.

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.

You can still file a wrongful death claim if it was an accident.

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.

It is beneficial to work with an attorney.

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.

There may be more than one liable party.

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.

A wrongful death should consider future lost earnings.

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.

Wrongful Death Claims: Frequently Asked Questions

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.

How Do I Know if I Have a Case?

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.

How Long Do I Have to File a 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.

Who Can File a Wrongful Death 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.

How Much Is My Claim Worth?

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.

Steps To Take To File A Wrongful Death Claim

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.

What Steps Should You Take?

As you move forward with honoring your loved one and filing a claim, there are steps you should take. 

  1. Hire a Lawyer. One of the best moves you can make is to first hire a lawyer. You have the right to grieve and mourn the loss of your loved one without feeling like it falls on you and you alone to file a wrongful death claim. Wrongful death claims can be tricky, especially when it comes to who has the right to file. Speak with a seasoned lawyer and let them guide you through the process. 
  2. Be prepared to negotiate. Not all wrongful death claims will have successful negotiations and settlements but this will likely be the simplest route to take. When you want to move forward with filing a suit, the negligent party and their insurance will likely want to negotiate instead of going to court. This is not a bad option and gives you a much stronger chance of winning compensation than it would if you go to court. 
  3. Open an estate. You must set up an estate so that you can file on behalf of your loved one. This can be tricky since there is so much paperwork and you need a valid estate plan. This involves working with the local probate court, appointing a representative, and speaking with your lawyer about probate laws in Oklahoma. It can be easier if your loved one had an estate plan in place and already has a person named as their personal representative. This makes filing a wrongful death claim simpler. 
  4. Be prepared to litigate. In many instances, the insurance company will offer a settlement. This will bump back and forth between the lawyer and the insurance company and may settle a fair agreement. However, if the insurance company does not offer a fair settlement for your loved one’s wrongful death, you want a lawyer who is willing to move forward with litigation. 

 

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. 

What if the Person Who Died Was Partially at Fault?

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.

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