If you have tragically lost a loved one due to another’s negligence or recklessness, the responsible party should be held accountable. During this difficult time of loss, you may also have to deal with expenses piling up. Our expert personal injury attorneys in Oklahoma City will fight to recover the just compensation you are owed.
The team at Warhawk Legal has been fighting for the families of wrongful death victims for years. During that time, we’ve secured millions in settlements and jury verdicts on behalf of our clients.
Here are just a handful of successful results in the wrongful death cases we’ve worked on:
- $9.5 Million Trucking Accident Wrongful Death
- $3.5 Million Aviation Accident Wrongful Death
- $3.5 Million Oil Field Injury Wrongful Death
- $1.75 Million Car Accident Wrongful Death
So get in touch with the team that gets results. Contact Warhawk Legal team today at 405-397-1717 to schedule your free initial case review. Our team offers the families of wrongful death victims a contingency fee guarantee, meaning you’ll never pay anything to our firm unless we successfully conclude your case.
Why Choose an Oklahoma City Wrongful Death Lawyer at Warhawk Legal?
When you are facing the overwhelming grief of losing a loved one due to someone else’s negligence, choosing the right legal representation can make all the difference. At Warhawk Legal, our commitment to our clients is unwavering. Here is why our Oklahoma City wrongful death lawyers stand out:
- Personalized Attention: We understand that each Oklahoma City wrongful death case is unique, and we ensure personalized attention to detail from start to finish.
- Extensive Experience: Our legal team brings years of experience in wrongful death cases, offering you skilled legal representation.
- Compassionate Approach: We understand the emotional toll of wrongful death claims and handle every case with the utmost sensitivity and respect.
- Proven Track Record: Our history of securing favorable outcomes for our clients speaks to our dedication and experience.
Choosing Warhawk Legal means partnering with a law firm that not only understands the complexities of wrongful death law in Oklahoma but also values the trust you place in us during this difficult time.
What Is Wrongful Death?
Wrongful death is a particular type of civil case. Essentially, what makes a death wrongful is if it occurred as the result of a third party’s recklessness, carelessness, or even criminal actions (such as vehicular manslaughter). As Oklahoma Statutes §12-1053 states, a wrongful death action can be brought “if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission.”
That means that wrongful death cases are essentially personal injury cases, except the fact that the injuries received caused the victim’s death. It doesn’t matter if the incident caused the victim’s death instantly or if they passed after due to their injuries; the personal representative of the deceased will likely be eligible to bring wrongful death action against the defendant.
Common Causes of Wrongful Death in Oklahoma City
A wrongful death in Oklahoma City can stem from a myriad of causes, each bringing its own complexities. Some of the most common causes of wrongful death in Oklahoma City include:
- Motor Vehicle Accidents: Car, truck, pedestrian and motorcycle accidents are common causes of wrongful death, most often due to reckless or negligent driving.
- Medical Malpractice: Errors in diagnosis, treatment, or surgery can lead to fatal outcomes for the patient.
- Workplace Accidents: Unsafe working conditions in industries like construction and oil fields often lead to serious injuries and deaths.
- Defective Products: Malfunctioning or poorly designed products can lead to fatalities.
- Crimes: While the criminal side of the law prosecutes the accused for their wrongdoing, if their criminal behavior resulted in your loved one’s death, then you may have a civil case against them.
Understanding these causes is important for anyone seeking to pursue a wrongful death claim, as it helps to identify the responsible parties and the legal avenues available for seeking justice and compensation.
Compensation Available in a Wrongful Death Claim
The Oklahoma City accident attorneys are ready to help you recover damages so that you can move forward without financial burden and with closure. We can help you to recover a wide range of damages such as:
- Lost wages/income
- Lost future earning potential
- Medical expenses
- Hospital liens
- Funeral and burial expenses
- Loss of benefits
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Emotional distress
- Rehabilitation
- Counseling
Additionally, if what happened to your loved one was especially egregious, we can also pursue punitive damages on behalf of your deceased loved one.
What Is The Statute of Limitations For A Wrongful Death Claim?
In Oklahoma, the typical statute of limitations in wrongful death cases is two years from the date the death occurred, according to Oklahoma Statutes §12-1053.
While two years seems like a long time, it is critical to start working on your wrongful death case immediately. The sooner you begin your case, the better outcomes you will likely have as a result.
Does Oklahoma Have A Cap On Wrongful Death Claims?
Oklahoma does not have a cap on two of the main forms of damages you can receive if your loved one dies from wrongful death – economic and noneconomic damages.
Economic damages are the real-world costs associated with your loved one’s wrongful death. As explored above, these are things like funeral costs and medical bills. Non-economic damages are the intangible costs of your loved one’s wrongful death – the emotional distress, pain and suffering, among other emotional experiences.
Only punitive damages have a cap in Oklahoma. This cap is $100,000 or the actual amount of damages awarded, whichever is higher, as dictated by Oklahoma Statutes § 9-1.
Who Can File a Wrongful Death Claim in Oklahoma?
According to Oklahoma Statutes §12-1053, the individual responsible for filing a wrongful death lawsuit is the personal representative of the deceased’s estate. The role of personal representative can be filled through various means, including being named explicitly in the deceased’s will (as an executor) or being appointed by the court in cases where no will exists (as an administrator).
Oklahoma courts have a specific order of priority when appointing an administrator, starting with a surviving spouse and moving through other relatives if a spouse is not available. In certain cases, a conservator or guardian may also serve as the personal representative, especially when the estate involves minors or adults who are legally not competent.
For anyone contemplating filing a wrongful death claim in Oklahoma City, consulting with a knowledgeable wrongful death lawyer, like those at Warhawk Legal, can provide essential guidance, and ensure that the claim is handled appropriately and that the rights and interests of all the deceased’s loved ones are fully protected.
How Long Does A Wrongful Death Lawsuit Take?
The timeline for a wrongful death lawsuits vary significantly depending on the case. As previously referenced, the statute of limitations in wrongful death cases is two years. So if an individual took the maximum time to file a case, that already puts the case duration at at least two years.
After the legal process is instituted, a wrongful death lawsuit often takes years, with the average case coming to completion within one to four years from when the action was originally filed.
The factors that can influence the length of a wrongful death case include:
- Case Complexity: The more intricate the details of the case, the longer the case usually takes. A case having multiple defendants and disputed facts can extend the timeline of it significantly.
- Availability of the Evidence: Delays in obtaining medical records, witness statements, and expert testimony can make a longer wrongful death proceeding. Evidence also degrades over time as well, which can, in turn, affect the case.
- Cooperation of Parties Involved: The willingness of both sides to negotiate and settle can impact how long a case takes. Uncooperative defendants or a contentious negotiation process can yield prolonged litigation.
- Court Schedule: The availability and schedule of the court can affect how long your Oklahoma City wrongful death case takes. Courts with heavy caseloads or limited availabilities can cause significant delays.
How a Wrongful Death Lawsuit Differs From a Criminal Prosecution
While a wrongful death lawsuit may share some similarities with a criminal proceeding, they are two separate legal actions. These actions may take place concurrently or at different times, depending on the statutes of limitations governing them.
The overall goals of both of these legal actions are different, even if they have some similarities. The goal of a criminal action is “to enforce the law and defend the interests of the United States according to the law, to ensure public safety against threats foreign and domestic, to provide federal leadership in preventing and controlling crime, to seek just punishment for those guilty of unlawful behavior,” according to the U.S. Department of Justice.
In contrast, civil courts serve to arbitrate disputes between multiple parties and to help make victims whole again after being the victim of negligent or reckless actions. Civil courts usually help facilitate the awarding of compensation after an incident takes place to offset the damages the victim experiences.
Wrongful Death Claims vs Survival Action
When you lose a loved one, Oklahoma law allows you to seek compensation through either a wrongful death lawsuit or a survival action, depending on who benefits from the claim.
- Wrongful Death: Compensates the deceased’s family for their loss, suffering, and expenses such as lost wages and funeral costs. Requires proof that the defendant caused the death and that the family suffered financial harm as a result.
- Survival Action: Continues a lawsuit that the deceased had started before their death, with compensation going to the deceased’s estate for their pain and suffering before death, as dictated by Oklahoma Statutes 12 § 1051. Survival actions are administered through the probate process.
Unlike other states, Oklahoma does allow you to pursue both survival actions and wrongful death claims for the same set of circumstances.
How Our Oklahoma City Wrongful Death Lawyers Can Help
When you are grappling with the pain of losing a loved one due to wrongful death, the legal process can seem like an insurmountable task. At Warhawk Legal, our Oklahoma City wrongful death lawyers are here to shoulder the burden and navigate the legal complexities on your behalf.
Here is how we can help:
- A Comprehensive Investigation: To identify the responsible parties and gather the necessary evidence to build a strong case.
- Experienced Legal Guidance: Ensuring you understand your rights and the legal options available to you.
- We Will Handle All Legal Filings: Ensuring deadlines are met, and procedural requirements are satisfied.
- We Will Handle Negotiations with the Insurance Companies: To fight for you to receive the full compensation available to you.
- Litigation: If a fair settlement cannot be reached, we will be prepared to take your case to trial to fight for the justice and compensation your family deserves.
- Emotional Support and Compassion: Recognizing the difficult journey you are navigating.
- Maximizing Your Compensation: We will work tirelessly to secure compensation for all of the damages your family has incurred as a result of your loved one’s death.
The legal team at Warhawk Legal is committed to delivering justice for your loved one and ensuring that your family receives the compensation and closure you deserve.
Contact An Oklahoma City Wrongful Death Lawyer Today
No matter if it is a corporation or a person whose behavior has resulted in your loved one’s death, they should be held accountable for their actions. Our experienced and skilled Oklahoma City wrongful death attorneys know how to bring the responsible party to justice. Call Warhawk Legal at 405-397-1717 today to make an appointment for a free consultation.