Hello There, Are you sad, Please don’t. It’s not the solution, we know how it feels, The pain of losing someone is unimaginable. But this is life, and we must move on to the next chapter. We are here to help you with a Wrongful Death attorney in Oklahoma City.
We will guide you with all the essential information required to understand what a wrongful death attorney is. We will also share a step-by-step guide on how to file a Wrongful Death Attorney. So please make sure to read the article till the end, and don’t skip any part of it.
What Is Wrongful Death & Its Lawsuit?
Wrongful Death is an event when someone is dying due to negligence, recklessness, or intensional action caused by someone else. The accused will have to provide compensation and in some cases punitive damages to the accused family. Below we have shared the information on who are the persons eligible for submitting a wrongful death. You also have a Wrongful Death Attorney to help you solve the case on your behalf.
Common causes of wrongful death include:
- Motor vehicle accidents involving drunk, distracted, or reckless drivers.
- Medical malpractice, such as surgical errors or failure to diagnose a condition.
- Workplace accidents, particularly in industries like construction or oil and gas.
- Defective products, such as unsafe machinery or dangerous drugs.
- Criminal acts, including assault and homicide.
Wrongful Death Attorney in Oklahoma City
Wrongful Death is a very big topic, There are many laws and acts that you will need a professional to help you it. Because a Professional Lawyer called an attorney is used to file and defend the case. The Wrongful Death Attorney specializes in this type of case and provides the best services in their field. In this article we have shared the list of top Wrongful Death Attorneys in Oklahoma City, You can directly contact them and share your case.
Statute of Limitations for Wrongful Death in Oklahoma
In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Failing to file within this time frame may result in the loss of your right to seek compensation. However, certain exceptions, such as cases involving fraud or delayed discovery of negligence, may extend this deadline.
Wrongful Death Laws in Oklahoma: Key Points
- Comparative Negligence: Oklahoma follows a comparative negligence rule, meaning the damages awarded may be reduced if the deceased was partially at fault for the incident. However, if the deceased’s fault exceeds 50%, the claim may be barred.
- Caps on Damages: Non-economic damages in wrongful death cases are capped at $350,000 in Oklahoma, but this cap may not apply in cases involving gross negligence or intentional misconduct.
- Survival Actions: In addition to wrongful death claims, Oklahoma law allows for survival actions, which seek compensation for the deceased’s pain and suffering, medical expenses, and lost wages prior to their death.
Who File Wrongful Death Lawsuit?
- Immediate Family Members: Typically, the deceased’s spouse, children, and sometimes parents are the primary individuals suitable to file a wrongful death lawsuit.
- Children: The second most important person is the children of the deceased person, It includes both legal and stepchild.
- Extended Family Members: In some states, extended family members like siblings, grandparents, or other dependents may have the right to file a wrongful death claim if there are no immediate family members or if they were financially dependent on the deceased.
- Dependents or Beneficiaries: In some cases, the dependents and beneficiaries are also allowed to file the case, For more accurate information you can consult your attorney.
Types of Damages in a Wrongful Death Case in Oklahoma City
Economic Damages: This includes compensation for medical expenses incurred before the deceased’s death, funeral and burial costs, loss of income, and loss of benefits such as retirement and health insurance.
- Funeral and burial expenses.
- Medical expenses incurred before the deceased’s passing.
- Loss of future income and benefits the deceased would have provided.
Non-Economic Damages: These damages address the emotional impact of the wrongful death, including the loss of companionship, pain and suffering, and loss of experience by surviving family members.
- Pain and suffering endured by the deceased prior to death.
- Loss of companionship, love, and care for surviving family members.
- Emotional distress caused by the loss of a loved one.
Punitive Damages: Granted in cases where the defendant’s conduct was particularly obvious or reckless, punitive damages aim to punish the defendant and deter similar behavior in the future. In cases involving gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Survival Action Damages: This compensation covers the deceased’s pain and suffering from the time of injury until death, and may be pursued alongside a wrongful death claim by the deceased’s estate.
Important Points To Remember While Hiring a Wrongful Death Attorney
- Specialization in Wrongful Death Cases: Verify that the attorney has specialized knowledge and experience specifically in wrongful death lawsuits, as this area of law requires unique expertise.
- Case Strategy and Approach: Discuss the attorney’s strategy for handling your case, including how they plan to gather evidence, approach negotiations, and manage allegations if necessary.
- Success Rate with Similar Cases: Ask about the attorney’s success rate with wrongful death cases similar to yours. A strong track record in securing favorable outcomes can provide confidence in their ability to handle your case effectively.
- Resources and Support Staff: Assess the resources and support staff available to the attorney. A well-resourced law firm with access to investigators, experts, and administrative support can significantly improve the handling of your case.
- Personalized Attention: Ensure the attorney offers personalized attention and is not overly reliant on junior staff or responsible for critical tasks.
Wrongful Death Claims in Oklahoma City: Local Legal Insights
Oklahoma City is a rapidly growing metropolitan area with a diverse range of industries, including oil and gas, construction, and healthcare. These sectors, while essential to the city’s economy, are also associated with higher risks of accidents and fatalities.
- Highway and Traffic Accidents:
- Major roadways like I-35, I-40, and I-44 see heavy traffic, leading to a higher likelihood of serious car accidents. Fatalities on these highways often result in wrongful death claims involving negligent drivers or commercial trucking companies.
- Industrial Accidents:
- The oil and gas industry is a significant employer in Oklahoma City, but it also poses risks of fatal accidents, such as explosions, falls, and equipment failures. These incidents often lead to wrongful death lawsuits against employers or equipment manufacturers.
- Medical Malpractice Hotspots:
- Renowned medical facilities like OU Health and Integris Baptist Medical Center provide excellent care but can also be sites of potential medical malpractice. Cases involving misdiagnosis, surgical errors, or negligence in these facilities have led to wrongful death claims.
- Neighborhood-Specific Risks:
- Areas like Bricktown and Downtown Oklahoma City are bustling with activity but can also see pedestrian fatalities or criminal acts leading to wrongful death claims.
- Suburban regions like Edmond and Moore may experience fatalities from workplace accidents or defective products in residential settings.
Notable Wrongful Death Cases in Oklahoma City
Several high-profile wrongful death cases in Oklahoma City have highlighted the importance of skilled legal representation:
- Oilfield Accident (2018): A deadly explosion at an oil rig in Pittsburg County led to wrongful death claims against multiple companies, alleging inadequate safety measures and training.
- Medical Malpractice Case: A misdiagnosis at a hospital in Oklahoma City resulted in the death of a patient, prompting the family to file a wrongful death lawsuit for negligence.
- Semi-Truck Collision (2020): A fatal crash involving a commercial truck on I-35 led to lawsuits against the trucking company for driver fatigue and improper vehicle maintenance.
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Wrongful Death Case Study Example in Oklahoma City
Case: Smith vs ABC Construction Inc.
Facts –
- Incident: Scaffold collapse caused by poor maintenance.
- Deceased: James Smith, a construction worker with 20 years of experience.
- Defendant: ABC Construction Inc., the company responsible for site management and safety.
- Legal Action:James’s widow, Sarah Smith, filed a wrongful death lawsuit against ABC Construction Inc. The lawsuit alleged that the company failed to perform regular safety checks and address known issues with the scaffolding system, leading to the fatal accident.
Result –
- Settlement: The case was settled out of court for $2.5 million. The settlement included compensation for medical and funeral expenses, loss of income, and non-economic damages for the loss of companionship and emotional distress experienced by the family.
- Punitive Damages: The settlement also included a punitive damages component to address the company’s gross negligence in maintaining safety standards.
Simple Process of Filing Wrongful Death Lawsuit In Oklahoma City
- Consult an Experienced Attorney: Start by meeting with a knowledgeable wrongful death attorney in Oklahoma City. We have shared a complete list of top wrongful Death attorneys in Oklahoma City, You can directly contact them.
- Gather Essential Evidence: Collect all relevant documentation, such as medical records, accident reports, and witness statements.
- File the Lawsuit: Your attorney will prepare and file a formal complaint with the court, detailing your allegations and the damages you are seeking.
- Negotiate a Settlement: Your attorney may enter into negotiations with the defendant’s insurance company to reach a fair settlement.
- Explanation: If a settlement isn’t possible, your case will proceed to trial, Your attorney will present your case to the judge or jury, highlighting the evidence and arguments to support your claim.
- Judgment: After the trial or settlement negotiations, you’ll receive the granted compensation. If you didn’t get the compensation you got, You can try to appeal the case in the higher court.
- Collect Your Compensation: Your attorney will assist in collecting and distributing the compensation. You can get all the compensation granted and then close the case.
Top Listing of Professional Wrongful Death Attorney in Oklahoma City with Address
Wrongful Death Attorney in Bricktown
1.Name : Clemens Blair
- Rating : (4.8)
- Skills : Wrongful Death Attorney in Bricktown
- Address : 128 W Hefner Road Oklahoma City, OK 73114, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (888) 490-7933
- Google Map Direction : Click Here
2.Name : Dan Davis Law
- Rating : (4.9)
- Skills : Wrongful Death Attorney in Bricktown
- Address : 300 N Walnut Ave Oklahoma City, OK 73104, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 241-4600
- Google Map Direction : Click Here
3.Name : Cunningham & Mears
- Rating : (4.9)
- Skills : Wrongful Death Attorney in Bricktown
- Address : 5104 N Francis Ave, Suite 102 Oklahoma City, OK 73118, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 451-5146
- Google Map Direction : Click Here
Wrongful Death Attorney in Midtown
1.Name : Morgan and Morgan, P.A
- Rating : (4.8)
- Skills : Wrongful Death Attorney in Midtown
- Address : 101 Park Avenue, Suite 1350 Oklahoma City, OK 73102, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 101 Park Avenue, Suite 1350 Oklahoma City, OK 73102
- Google Map Direction : Click Here
2.Name : Carr & Carr Attorneys
- Rating : (4.7)
- Skills : Wrongful Death Attorney in Midtown
- Address : 1350 SW 89th Street Oklahoma City, OK 73159, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (918) 201-0486
- Google Map Direction : Click Here
3.Name : Thetford Law Firm
- Rating : (5.0)
- Skills : Wrongful Death Attorney in Midtown
- Address : 1319 North Shartel Ave, Oklahoma City, OK 73103, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405 235-9229
- Google Map Direction : Click Here
Wrongful Death Attorney in Paseo Arts District
1.Name : Bryan Garrett PLLC
- Rating : (5.0)
- Skills : Wrongful Death Attorney in Paseo Arts District
- Address : 119 N Robinson Ave Suite 650, Oklahoma City, OK 73102, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405 972 6960
- Google Map Direction : Click Here
2.Name : Dan Davis Law
- Rating : (4.7)
- Skills : Wrongful Death Attorney in Paseo Arts District
- Address : 300 N Walnut Ave Oklahoma City, OK 73104, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 241-4600
- Google Map Direction : Click Here
3.Name : The Law Office of Dakota C. Low
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Paseo Arts District
- Address : 925 W. State Highway 152, Mustang, OK 73064, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. :+1 405.601.8899
- Google Map Direction : Click Here
Wrongful Death Attorney in Automobile Alley
1.Name : McGuire Law Firm
- Rating : (4.8)
- Skills : Wrongful Death Attorney in Automobile Alley
- Address : 21 NW 44th Street, Suite 209, Lawton, OK 73505, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 580-741-2372
- Google Map Direction : Click Here
2.Name : Johnson & Biscone
- Rating : (5.0)
- Skills : Wrongful Death Attorney in Automobile Alley
- Address : 105 North Hudson Avenue, Suite 100 Oklahoma City, OK 73102, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405-232-6490
- Google Map Direction : Click Here
3.Name : Abel Law Firm
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Automobile Alley
- Address : 900 NE 63rd St, Oklahoma City, OK 73105, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 288-4960
- Google Map Direction : Click Here
Wrongful Death Attorney in The Village
1.Name : Johnson & Biscone
- Rating : (4.8)
- Skills : Wrongful Death Attorney in The Village
- Address : 105 North Hudson Avenue, Suite 100 Oklahoma City, OK 73102, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405-232-6490
- Google Map Direction : Click Here
2.Name : Ball Morse Lowe, PLLC
- Rating : (5.0)
- Skills : Wrongful Death Attorney in The Village
- Address : 3201 S Berry Rd Norman, OK 73072, United States (US)
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405.701.5355
- Google Map Direction : Click Here
3.Name : McGuire Law Firm
- Rating : (4.8)
- Skills : Wrongful Death Attorney in The Village
- Address : 21 NW 44th Street, Suite 209, Lawton, OK 73505, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 580-741-2372
- Google Map Direction : Click Here
Wrongful Death Attorney in Nichols Hills
1.Name : The Law Office of Dakota C. Low
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Nichols Hills
- Address : 925 W. State Highway 152, Mustang, OK 73064, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405.601.8899
- Google Map Direction : Click Here
2.Name : Mikel Flores & Associates, P.C
- Rating : (5.0)
- Skills : Wrongful Death Attorney in Nichols Hills
- Address : 6440 Avondale Dr., Suite 201 Nichols Hills, OK 73116, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 810-8500
- Google Map Direction : Click Here
3.Name : Parrish DeVaughn Injury Lawyers
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Nichols Hills
- Address : 3601 N. Classen Blvd. Oklahoma City, OK 73118, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (866) 405-9114
- Google Map Direction : Click Here
Wrongful Death Attorney in Capitol Hill
1.Name : Warhawk Legal
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Capitol Hill
- Address : 3721 North Classen Boulevard Oklahoma City, OK 73118, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 294-1243
- Google Map Direction : Click Here
2.Name : Nix Patterson, LLP
- Rating : (5.0)
- Skills : Wrongful Death Attorney in Capitol Hill
- Address : 513 N. Broadway Suite 200 Oklahoma City, Oklahoma 73102, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405-516-7800
- Google Map Direction : Click Here
3.Name : Stipe & Belote
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Capitol Hill
- Address : 9400 Broadway Extension, Ste 420 Oklahoma City, OK 73114, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 254-7796
- Google Map Direction : Click Here
Wrongful Death Attorney in Adventure District
1.Name : Laird Hammons Laird Personal Injury Lawyers
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Adventure District
- Address : 1332 SW 89th St, Oklahoma City, OK 73159, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 648-8982
- Google Map Direction : Click Here
2.Name : Parrish DeVaughn Injury Lawyers
- Rating : (5.0)
- Skills : Wrongful Death Attorney in Adventure District
- Address : 3601 N. Classen Blvd. Oklahoma City, OK 73118, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (866) 405-9114
- Google Map Direction : Click Here
3.Name : Johnson & Biscone
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Adventure District
- Address : 105 North Hudson Avenue, Suite 100 Oklahoma City, OK 73102, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405-342-3455
- Google Map Direction : Click Here
Wrongful Death Attorney in Asian District
1.Name : Parrish DeVaughn Injury Lawyers
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Asian District
- Address : 3601 N. Classen Blvd. Oklahoma City, OK 73118, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (866) 405-9114
- Google Map Direction : Click Here
2.Name : Stipe & Belote
- Rating : (5.0)
- Skills : Wrongful Death Attorney in Asian District
- Address : 9400 Broadway Extension, Ste 420 Oklahoma City, OK 73114, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 (405) 254-7796
- Google Map Direction : Click Here
3.Name : Johnson & Biscone
- Rating : (4.5)
- Skills : Wrongful Death Attorney in Asian District
- Address : 105 North Hudson Avenue, Suite 100 Oklahoma City, OK 73102, United States
- Working Hours : 24 Hours
- Closed On : Open 24 Hours
- Contact. : +1 405-342-3455
- Google Map Direction : Click Here
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Top Frequently Asked Question Wrongful Death in Oklahoma City
How Long Do I have to file a Wrongful Death Lawsuit?
Answer: The statute of limitations for filing a wrongful death lawsuit varies by state but generally ranges from one to three years from the date of death. It’s crucial to consult with an attorney to ensure your claim is filed within the applicable time frame.
Can Family Members file a Wrongful Death Lawsuit?
Answer: Yes, typically, immediate family members such as spouses, children, and sometimes parents can file a wrongful death lawsuit. In certain jurisdictions, extended family members or dependents may also be eligible if no immediate family members are available.
How is Compensation Determined in a Wrongful Death Case?
Answer: Compensation is determined based on various factors including the financial loss suffered by the survivors, the emotional impact of the death, and any punitive damages applicable. There is also a formula used to calculate the compensation in many cases.
Can Wrongful Death Claims be Settled Out of Court?
Answer: Yes, many wrongful death cases are settled out of court through negotiations between the parties involved. Settling out of court can expedite the resolution and avoid the uncertainties of a trial. Your attorney will negotiate on your behalf to secure a fair settlement.
Verdict
At the end of the article, we will summarize it with all the details, in this article, we have shared information about the wrongful death attorney In Oklahoma City, We have also shared information on what is wrongful death attorney, How to file wrongful death attorney, How to find best attorney and many more.
For all our beloved readers, we have shared a list of top Wrongful death attorneys in Oklahoma City, You can directly contact them and share information about your case. So please make sure to use all the relevant information in the article, We will be back with another refreshing article, Till the end stay with us, Bye.