Losing a loved one is an emotional and life-changing experience, especially when their death could have been prevented. You may feel overwhelmed by grief and confusion, wondering whether you need to hire a wrongful death lawyer in Oklahoma City—and whether you have a case. Learning more about wrongful death claims in Oklahoma City can help you determine the best path forward.
What Is a Wrongful Death?
The Oklahoma wrongful death statute defines a wrongful death as “when the death of one is caused by the wrongful act or omission of another.” If the deceased would have had the legal right to file a personal injury lawsuit if they had survived, their legal representative could file a wrongful death lawsuit upon their death. While legal definitions can sound complex, the core idea is straightforward: wrongful death happens when someone’s actions or negligence lead to an avoidable death.
Do You Have Standing to Bring a Lawsuit?
Standing refers to your legal right to file a wrongful death lawsuit. In Oklahoma, this right is granted to the surviving spouse, children, or parents of the deceased. If there are no immediate family members, the executor or personal representative of the deceased’s estate may file the claim.
Wrongful death cases also require you to prove negligence, which has four main elements:
- Duty of Care: You must show the defendant owed your loved one a duty of care. For example, drivers have a duty to obey traffic laws, and doctors must provide competent medical care.
- Breach of Duty: This means proving the defendant violated their duty of care. Examples include running a red light, failing to maintain safe premises, or manufacturing a faulty product.
- Causation: You need to demonstrate that the breach of duty directly caused the death of your loved one.
- Damages: Finally, you must show that the death resulted in specific losses, such as medical expenses, funeral costs, or emotional suffering.
Understanding whether you have standing or enough evidence to proceed can be challenging. Consulting with a wrongful death lawyer in Oklahoma City can clarify your rights and help you take the next steps.
Common Causes of Wrongful Death
Wrongful deaths can happen in many situations, but certain types of accidents occur more often than others. Knowing these common causes can help you determine whether your loved one’s death could lead to a claim.
Medical Malpractice
Medical malpractice involves healthcare providers failing to provide the expected standard of care. Examples include surgical errors, misdiagnoses, prescription mistakes, and failure to treat life-threatening conditions. Proving medical malpractice often requires expert testimony and a detailed review of medical records, so having an experienced wrongful death attorney on your side is important.
Motor Vehicle Accidents
Motor vehicle cases can include car, truck, and motorcycle accidents and are one of the leading causes of wrongful death. Fatal crashes often result from reckless driving, distracted driving, speeding, or driving under the influence. A wrongful death attorney can help you make complex liability determinations and identify multiple responsible parties.
Pedestrian Accidents
Would you believe that Oklahoma City is nearly as dangerous for pedestrians as Los Angeles? Pedestrian accidents often occur because drivers fail to yield or pay attention at intersections and crosswalks, and are usually preventable. If your loved one died while walking, jogging, or cycling, an attorney can help you determine whether the driver was negligent and what to do next.
Boating Accidents
Oklahoma’s lakes and rivers offer recreation, but boating accidents can lead to tragic deaths. These incidents often involve inexperienced operators, alcohol use, or unsafe conditions. In some cases, property owners may be liable under premises liability laws if unsafe docks or unmarked hazards contributed to the accident.
Workplace Accidents
Fatal injuries at work can happen in industries like construction, manufacturing, or agriculture. Common causes include falling objects, unsafe machinery, and improper safety protocols. Workers’ compensation laws provide some benefits, but you may also be able to file a wrongful death claim if a third party was responsible for the accident.
Product Liability
Defective products, from faulty vehicles to dangerous medications, can cause fatal injuries. Product liability cases can involve design flaws, manufacturing errors, or insufficient safety warnings, and you don’t always have to prove negligence. Instead, strict liability laws allow you to hold manufacturers or sellers accountable for any defects that cause harm.
How Long Do You Have to File a Wrongful Death Lawsuit in Oklahoma?
Oklahoma’s statute of limitations for wrongful death lawsuits is two years from the date of death. This means you must file your lawsuit within that time frame or risk losing your right to seek compensation. The statute of limitations exists to prevent old cases from overwhelming courts and to ensure evidence remains fresh.
While two years may seem like a long time, investigating the cause of death, gathering evidence, and building a strong case takes time. A wrongful death lawyer in Oklahoma City can help you meet deadlines and protect your legal rights.
Compensation in a Wrongful Death Lawsuit
Wrongful death lawsuits can provide financial relief for you and your family by compensating you for things like:
- Medical Bills: If your loved one received treatment before passing away, you could recover the cost of hospital stays, surgeries, or medication.
- Funeral Expenses: The costs of saying goodbye can add up, and compensation can ease this burden.
- Lost Income: If your loved one was a provider for your family, you might be entitled to recover the wages they would have earned.
- Loss of Companionship: This includes the emotional pain and loss of support you experience after losing a loved one.
It’s difficult to predict an average payout for wrongful death claims, because compensation depends on factors like the deceased’s age, income, and circumstances of the death. A lawyer can evaluate your case and help calculate what you may be owed.
Should You Hire a Wrongful Death Lawyer in Oklahoma City?
Wrongful death cases involve complex legal processes, and having a lawyer by your side can make a big difference. Here’s how they can help:
- Investigating the Case: Lawyers gather evidence, such as police reports, witness statements, and medical records, to build a strong case.
- Identifying Liable Parties: In some cases, multiple parties may share responsibility, and a lawyer can determine who to include in your claim.
- Calculating Damages: Lawyers help you understand the full extent of your losses, including emotional, financial, and long-term impacts.
- Negotiating With Insurers: Insurance companies often try to settle for less than you deserve. A lawyer can negotiate to get a fair offer.
- Representing You In Court: If negotiations fail, a wrongful death lawyer can present your case to a judge or jury to fight for justice.
Determine Whether You Have a Wrongful Death Case
If you believe your loved one’s death was caused by negligence or wrongdoing, don’t navigate this process alone. Consulting with a wrongful death lawyer can help you understand your legal options and provide you with a path forward. The Oklahoma Injury Guy offers free case evaluations, so you can discuss your case without any financial risk. Take the first step toward justice and contact us today.