When someone’s negligence results in a fatal accident, surviving family members may have grounds for a wrongful death claim. If you’ve lost a family member under these circumstances, an Oklahoma City wrongful death lawyer can explain your legal options for seeking compensation.
Grieving the loss of a loved one after an unexpected accident can be devastating. Your family can support one another through this difficult time but, when you know that someone else’s negligence caused the fatal accident, you may feel that justice needs to be served.
In addition to the pain and suffering you’re experiencing, funeral expenses can create financial strain. If your deceased loved one was a primary income-earner in the family, you may also have to deal with a significant loss of income. A wrongful death lawsuit may allow eligible survivors to seek compensation for losses resulting from the death.
At Talley, Turner, Stice & Bertman, our Oklahoma City wrongful death attorneys can support you through the legal process. While you focus on picking up the pieces of your life, our lawyers can conduct a thorough investigation of your family member’s accident and gather evidence to identify potentially liable parties. Our law firm can then pursue compensation from those responsible.
There are a variety of accidents that can result in wrongful death. Generally, a wrongful death claim may arise when a person dies because of another party’s wrongful act or omission. Car accidents can lead to wrongful death claims when a driver’s negligent actions, such as speeding, driving under the influence, or driving while distracted, cause a fatal crash.
Other incidents that may result in wrongful death claims include work-related accidents, slip-and-fall accidents, defective product accidents, and medical malpractice.
For example, a fatal construction accident involving unsafe work conditions may raise questions about whether an employer or another party bears responsibility. A fatal fall caused by a dangerous property condition may support a claim against a responsible property owner or other party. Similarly, a preventable medical error that causes a patient’s death may provide grounds for a claim against a responsible health care provider.
Even when the cause of a fatal accident appears clear, the personal representative must establish the legal basis for holding another party liable. Liability means legal responsibility for the death and resulting losses. An Oklahoma City wrongful death attorney can investigate the incident and gather evidence such as police reports, medical records, video footage, witness testimony, and photographs. Our lawyers can use this evidence to establish how the responsible party’s conduct caused the death.
The specific elements of an Oklahoma wrongful death claim depend on the legal basis for the underlying claim. When a wrongful death case is based on negligence, meaning a failure to use legally required care under the circumstances, the claim generally requires evidence establishing the responsible party’s negligence, causation, the resulting death, and recoverable damages. Damages are the financial and nonfinancial losses for which compensation may be available.
These issues must be supported by evidence for a negligence-based wrongful death claim to succeed. An Oklahoma City lawyer can determine what must be established based on the circumstances of a particular case.
Under Oklahoma law, a wrongful death action generally must be brought by the personal representative of the deceased person. A personal representative is the person legally authorized to act on behalf of the deceased person’s estate.
If no personal representative has been appointed, Oklahoma law provides circumstances in which the deceased person’s widow, or if there is no widow, next of kin may bring the action. An attorney can determine who has authority to pursue a particular wrongful death case.
Filing a wrongful death lawsuit in Oklahoma City generally begins with determining who has legal authority to bring the action and investigating the circumstances surrounding the death. The person bringing the claim may need documentation such as medical records, evidence concerning the death, and records of financial losses.
A wrongful death lawsuit is initiated by filing the appropriate legal documents with the court. After the defendant has an opportunity to respond, the parties may enter discovery, which is the formal process of exchanging information and evidence. Discovery can include depositions, which are sworn out-of-court testimony, written questions known as interrogatories, and requests for documents.
Settlement negotiations may occur during the case. If the parties cannot reach an agreement, the case may proceed to trial, where liability and damages can be decided. Our Oklahoma City wrongful death attorneys can handle each stage of this process on behalf of the family.
Oklahoma law permits recovery of certain damages in a wrongful death action. Depending on the circumstances, these may include medical and burial expenses, loss of financial support, grief and loss of companionship, and other losses recognized by law.
The damages available depend on the facts of the case and the relationship between the deceased person and eligible survivors. Our lawyers can evaluate the losses resulting from the death and determine which forms of compensation may be pursued.
There is no single timeline for resolving an Oklahoma wrongful death lawsuit. How long a case takes can depend on factors such as the complexity of the accident, the number of parties involved, disputes over liability or damages, the amount of evidence that must be gathered, and whether the parties reach a settlement.
Discovery, settlement negotiations, court scheduling, and trial can also affect the timeline. More complicated cases involving multiple defendants or disputed liability may take longer than cases in which the relevant facts and responsibility are relatively clear.
Our Oklahoma City wrongful death lawyers can keep you informed about the progress of your case and explain what to expect as it moves forward.
Families navigating a wrongful death claim often have questions about the process, the timeline, and what to expect. The following answers address some common concerns for families considering a wrongful death claim in Oklahoma City.
Yes. Oklahoma law generally requires a wrongful death action to be brought within two years of the deceased person’s death. Specific circumstances can affect legal deadlines, so it is important to determine the deadline that applies to your case. An attorney can review the circumstances and help protect your right to pursue a claim.
A fatal workplace accident may involve different potential sources of recovery depending on the circumstances. Eligible survivors may have rights under Oklahoma’s workers’ compensation system, while a separate claim may sometimes be available against a third party whose conduct contributed to the fatal accident.
These claims involve different legal rules and procedures. An Oklahoma City wrongful death lawyer can evaluate the circumstances of a workplace death and explain which options may apply.
Oklahoma follows a modified comparative negligence rule in negligence cases. Comparative negligence means that responsibility for an injury can be divided among the people or entities whose negligence contributed to it. Recovery may still be available when the deceased person’s negligence was less than the combined negligence of the party or parties responsible for the injury. Any recovery is generally reduced according to the deceased person’s percentage of negligence.
An experienced wrongful death attorney can evaluate the facts of your case and address allegations that your loved one contributed to the accident.
Yes. A wrongful death claim may be resolved through a settlement rather than a trial. Settlement negotiations can occur at different stages of litigation, depending on the circumstances and the positions of the parties.
Before accepting an offer, it is important to evaluate whether the proposed settlement adequately accounts for the losses that may be recoverable. Our lawyers can negotiate with the responsible parties and their insurers and advise you about settlement offers while protecting your family’s interests.
There’s no denying that your family has been through a lot. Grieving the loss of a loved one is difficult, and no amount of compensation can undo that loss. An Oklahoma City wrongful death attorney at Talley, Turner, Stice & Bertman can help your family understand its legal options and pursue accountability from those responsible.
To speak with an Oklahoma City wrongful death lawyer about your case, contact our law firm to schedule a consultation. From our Oklahoma City law office, our attorneys can review the circumstances surrounding your loved one’s death and explain the next steps that may be available.
