Wrongful Death Attorneys
At the law offices of Owens Law Office, PC, our experienced wrongful death attorney has been representing clients in Oklahoma City, Tulsa, and surrounding areas in civil law cases for years. Our law firm understands how traumatic losing a loved one is and is committed to guiding you and your family through the process of seeking compensatory damages.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil claim, which means that it is not pursued in the criminal court system and does not have any criminal consequences for the defendant. As found in Oklahoma Code Section 12-1053, a wrongful death lawsuit is permissible when “the death of one is caused by the wrongful act or admission of another.” In order for a wrongful death lawsuit to be brought, and to be successful, the plaintiff must prove that the death was a direct consequence of the defendant’s negligence.
The Difference Between a Wrongful Death Lawsuit and a Personal Injury Suit
The biggest difference between a wrongful death lawsuit and a personal injury lawsuit is the party that files the civil claim. In a personal injury lawsuit, the plaintiff is the injured person; in a wrongful death lawsuit, the injured person would have been able to file a personal injury suit but for death, and as such, the claim is filed by another party.
Who Can File a Wrongful Death Lawsuit?
In Oklahoma, a wrongful death lawsuit must be filed by the personal representative of the deceased party. In some cases, a personal representative may have been appointed by the decedent prior to death. In some cases, the court may appoint a personal representative. It is not uncommon for the personal representative to be a family member, such as a spouse or a child of the deceased.
Damages Recoverable Under Oklahoma Law
While only the personal representative of a deceased party may bring forth a wrongful death lawsuit under Oklahoma law, the claim may seek damages for surviving family members affected by the death, including a spouse, children, parents, and other dependents.
It is impossible to know what a wrongful death case will be worth without a thorough review of the facts. However, both economic and noneconomic damages may be sought. Types of damages that are common in a wrongful death claim in Oklahoma include:
- Damages suffered by the deceased, such as pain and suffering prior to death;
- The value of the deceased’s lost wages, benefits, and earning ability;
- Funeral and burial expenses; and
- Damages suffered by surviving family members, such as compensation for loss of companionship, household services, parenting, and more.
In addition to the economic and noneconomic damage types listed above, in some cases, punitive damages may also be recoverable. Punitive damages are damages that are designed to punish the defendant for malicious or egregious conduct, not to compensate the victim or plaintiffs.
Why Do I Need to Work with a Wrongful Death Attorney?
Before you begin the process of filing a wrongful death claim, you should consult with a skilled Oklahoma wrongful death attorney. Working with an attorney significantly improves your chances of success, and of recovering a settlement that fully compensates you. An attorney is a valuable asset, and knows how to investigate and build your case, apply the law and precedent, and has many resources, including the ability to work with and hire accident reconstruction professionals to investigate your case or offer testimony that supports your case.
In addition to all of the work that goes into building a successful case, your attorney can also determine–with the help of financial professionals–what your case is worth and how much you should demand in damages. When a settlement offer is made, your attorney can review the offer, draft a counter offer, and negotiate with the defendant to reach a fair settlement. When necessary, a skilled attorney can also litigate on your behalf.
How to Schedule a Free Consultation with the Owens Law Office, PC
If you have recently lost a family member in an accident that you believe would not have occurred but for the negligence of another party, the doors of our law office are open to you. We promise to work hard on your behalf, and to never charge you unless your case is successful. What’s more, we offer all initial consultations completely free of charge.
If you want to learn more about wrongful death lawsuits in Oklahoma and what damages may be available to your family, please contact us today to schedule your free consultation. You can send us a message online, or reach our compassionate Oklahoma wrongful death attorney by phone today.