Wrongful deaths can happen in many different ways, ranging from car accidents to medical mistakes. Here are ome of the main causes of wrongful deaths that occur in Oklahoma City:
Medical Malpractice
One of the most common causes of wrongful death cases involves medical malpractice. When healthcare professionals fail to provide the standard of care expected in the medical community, the consequences can be devastating.
If you believe that a healthcare provider's negligence led to your loved one’s death, our Oklahoma City wrongful death attorneys can assist you in pursuing a wrongful death claim. Medical malpractice can include:
- Misdiagnosis or Delayed Diagnosis: Failing to correctly diagnose a condition or delaying diagnosis can result in a lack of necessary treatment, leading to fatal injuries.
- Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, can result in a person's death.
- Medication Errors: Administering the wrong medication or incorrect dosage can cause severe harm or even death.
- Anesthesia Errors: Improper administration of anesthesia can lead to fatal complications.
When medical malpractice results in the wrongful death of a loved one, we work tirelessly to hold the responsible parties accountable and help you seek
financial compensation for medical expenses, funeral costs, and
emotional distress.
Car and Truck Accidents
Another leading cause of wrongful death claims involves fatal car and truck accidents. These accidents can occur due to the negligence of another driver, such as distracted driving, speeding, or driving under the influence.
In more severe cases,
commercial truck accidents may involve multiple parties, including trucking companies and manufacturers, adding complexity to the legal process.
At Calvert Law Firm, our skilled wrongful death attorneys are experienced in handling wrongful death claims arising from
car accidents in Oklahoma City. We gather crucial evidence, such as accident reports and witness statements, to build a strong case on your behalf.
We understand the financial burden these accidents place on surviving family members, and we strive to secure the maximum compensation for lost wages, funeral expenses, and other damages.
Workplace Accidents
Workplace accidents are another tragic cause of wrongful death cases. These incidents often occur in high-risk industries such as construction, manufacturing, and
oil and gas. Whether your loved one’s death was the result of inadequate safety measures, faulty equipment, or another's negligence, our Oklahoma wrongful death attorneys are here to help.
We meticulously investigate the circumstances surrounding the accident, reviewing medical records, accident reports, and other evidence to ensure that all liable parties are held responsible.
Other Common Causes of Wrongful Deaths in OKC
Wrongful death claims can also arise from a variety of other circumstances, including:
- Defective Products: When a product is defectively designed or manufactured and causes a fatal accident.
- Criminal Acts: Homicides or assaults that result in a person’s death can lead to both criminal prosecution and a civil lawsuit for wrongful death.
- Premises Liability: Fatal injuries caused by unsafe conditions on someone else’s property, such as slips and falls or drownings, can also lead to a wrongful death claim.
Who Can File a Wrongful Death Lawsuit in Oklahoma?
A wrongful death lawsuit offers surviving family members the opportunity to seek compensation for their loss, but knowing who can file such a claim is crucial. Oklahoma law specifies that a wrongful death lawsuit can only be filed by a personal representative of the decedent's estate. This representative is often a close family member such as:
- Surviving spouse: The spouse of the deceased has the first right to file.
- Children: If the deceased left behind children, they are eligible to file a wrongful death claim.
- Parents: In the absence of a spouse or children, the parents of the deceased can pursue a claim.
- Personal Representative: A court-appointed representative of the decedent’s estate.
The Wrongful Death Claims Process in Oklahoma
Navigating the wrongful death claims process can be overwhelming during such a distressing time. At Calvert Law Firm, our dedicated wrongful death attorneys are here to guide you through
every step, ensuring that you receive the justice and compensation you deserve.
Investigating the Wrongful Death
The initial phase in a wrongful death lawsuit involves a thorough investigation into the circumstances surrounding your loved one’s death. This is a critical step in building a solid wrongful death claim.
Our skilled wrongful death attorneys will work closely with you to gather all relevant evidence, which includes:
- Accident Reports: We’ll obtain and review accident reports to understand the specifics of the incident.
- Medical Records: Analyzing medical records helps establish the cause of death and any related medical malpractice.
- Witness Statements: Gathering statements from witnesses can provide insight into the events leading up to the death.
- Photos and Videos: We may use visual evidence to reconstruct the scene and support your case.
The goal of this investigation is to build a comprehensive case that demonstrates how another's negligence or wrongful act led to fatal injuries. Our experienced Oklahoma City wrongful death lawyers use this evidence to establish a strong foundation for your wrongful death lawsuit.
Determining Liability
Determining liability in a wrongful death case is crucial for establishing who is legally responsible for your loved one’s death. This involves:
- Identifying the Responsible Party: Whether the wrongful death resulted from a car accident, medical malpractice, or a workplace accident, we will pinpoint the responsible parties. This could be an individual, a company, or even multiple entities.
- Proving Negligence: We must show that the responsible party acted negligently or recklessly, leading to the fatal accident. This involves proving that their actions directly caused your loved one’s death.
- Evaluating Contributory Factors: Sometimes, more than one factor contributes to a wrongful death. We assess all contributing elements to ensure that all liable parties are held accountable.
Our Oklahoma wrongful death attorneys are adept at investigating complex cases and ensuring that every aspect of liability is thoroughly explored. We understand how crucial it is to establish fault to secure maximum compensation for your loss.
Calculating Damages
Once liability is established, we move on to calculating the damages you may be entitled to. You could be able to receive compensation for medical and funeral expenses, lost income, emotional distress, and even in some cases punitive damages. In order to make sure your claim is for the maximum amount possible, your wrongful death attorney in Oklahoma City will help you calculate the correct amounts for each type of compensation you are eligible to receive. Sometimes, enlisting the help of economic experts is necessary to ensure nothing is left out.
Damages in Oklahoma Wrongful Death Claims
When pursuing a wrongful death lawsuit in Oklahoma, understanding the types of damages you can claim is crucial. Each wrongful death case is unique, and the damages awarded aim to address various losses suffered by surviving family members.
At Calvert Law Firm, our dedicated wrongful death attorneys are here to guide you through every step of this process, ensuring you seek the maximum compensation for your loss.
Lost Wages and Benefits
One significant aspect of wrongful death compensation involves recovering lost wages and benefits that the deceased would have earned had their death not occurred.
These damages are intended to compensate for the financial support the deceased would have provided to their family. If your loved one's death was caused by someone else's negligence, it’s vital to calculate:
- Past lost wages: This includes the income the deceased would have earned from the time of their death until the present.
- Future lost earnings: Projected earnings based on the deceased's career path and potential raises or promotions.
- Benefits: This might cover health insurance, retirement contributions, and other employment benefits that the deceased would have received.
Our Oklahoma City wrongful death lawyers will help you gather the necessary financial documents and work with experts to accurately assess these losses.
Medical and Funeral Expenses
The financial burden of medical and funeral expenses can be overwhelming. In a wrongful death claim, you can seek compensation for:
- Medical expenses: This covers the costs incurred for medical treatment related to the fatal injuries, including hospital bills and medical records.
- Funeral and burial costs: Reimbursement for the expenses associated with your loved one's funeral and burial.
Our skilled wrongful death attorneys will work to ensure that all medical bills and funeral costs are thoroughly documented and included in your wrongful death lawsuit.
Pain and Suffering
In wrongful death claims, pain and suffering damages address the emotional distress experienced by the surviving family members. Although this category of damages is more abstract, it encompasses:
- Emotional distress: The profound sadness and mental anguish suffered by family members due to the loss.
- Loss of consortium: The impact on personal relationships and family life.
Our dedicated wrongful death lawyers understand the complexity of quantifying pain and suffering and will advocate fiercely to ensure you receive fair compensation.
Loss of Companionship
The loss of companionship refers to the emotional impact of losing a loved one. This damage compensates for:
- Loss of emotional support: The absence of the deceased's presence in daily life.
- Impact on family relationships: How the death has altered the family dynamics and support systems.
We recognize the profound impact on surviving family members and will ensure this significant loss is adequately represented in your wrongful death claim.
Punitive Damages
Punitive damages may be awarded in cases where the wrongful act leading to the death was particularly egregious or negligent. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
They are not awarded in every case but can be a crucial component of wrongful death lawsuits, especially in cases involving severe negligence or malicious intent.
At Calvert Law Firm, our experienced wrongful death attorneys will evaluate whether your case qualifies for punitive damages and work diligently to include them in your wrongful death lawsuit.
Building a Strong Wrongful Death Case
When it comes to building a strong wrongful death case, there are several critical steps you need to take to ensure that your wrongful death lawsuit stands a good chance of success.
At Calvert Law Firm, we understand the emotional and financial toll that a loved one's death can have on surviving family members. Here are some of the key elements of constructing a compelling wrongful death claim.
Gathering Evidence
The foundation of any wrongful death case is solid evidence. The more comprehensive and compelling your evidence, the stronger your wrongful death case will be.
- Accident Reports: If the death was due to a fatal accident, securing a copy of the accident report is crucial. This document provides official details about how the accident occurred and can help establish liability.
- Medical Records: Obtain all medical records related to the decedent’s treatment and cause of death. This includes hospital records, autopsy reports, and any other relevant medical documentation. These records are vital in proving the link between the wrongful act and the death.
- Witness Statements: Collect statements from witnesses who saw the incident or have relevant information. Witnesses can provide firsthand accounts that support your claim.
- Expert Opinions: In many wrongful death cases, particularly those involving complex issues like medical malpractice or truck accidents, expert testimony can be invaluable. Experts can help explain the technical aspects of the case and the extent of the wrongful act's impact.
Working with Experts
Navigating a wrongful death lawsuit often involves complex legal and medical issues. That’s why working with experts can significantly enhance the strength of your claim.
- Medical Experts: For wrongful death claims involving medical malpractice, a medical expert can assess whether the care provided fell below acceptable standards and contributed to the death. Their testimony can be crucial in establishing liability.
- Accident Reconstructionists: In cases involving fatal accidents, such as truck accidents, an accident reconstructionist can analyze the scene and determine how the accident happened. Their insights can be instrumental in proving negligence.
- Economic Experts: To calculate the financial impact of the death on the surviving family members, including lost income and future earnings, an economic expert can provide detailed assessments. This is essential for securing fair wrongful death compensation.
Negotiating with Insurance Companies
Negotiating with insurance companies can be one of the most challenging aspects of handling wrongful death claims. Insurance companies often try to minimize their payout, so having a skilled wrongful death attorney from Calvert Law Firm by your side can make a significant difference.
- Understand the Offer: Insurance companies may initially offer a settlement that seems fair but doesn’t cover the full extent of your losses, including funeral expenses, medical bills, and emotional distress. We’ll ensure you understand the offer and assess whether it truly compensates for your damages.
- Counter Offers: If the initial offer is insufficient, we will negotiate on your behalf to seek a fair settlement that covers all your wrongful death damages. This may include punitive damages, which are awarded in cases involving particularly egregious conduct.
- Contingency Fee Basis: At Calvert Law Firm, we work on a contingency fee basis. This means you don’t have to worry about upfront legal fees; we only get paid if you win your wrongful death lawsuit.
Oklahoma Wrongful Death Statute of Limitations
In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is generally
two years from the date of death. This time frame is established by Oklahoma law and dictates how long you have to pursue legal action.
If you do not file your wrongful death case within this period, you may lose your right to seek compensation for wrongful death damages.
Here’s what you need to know about the time limits:
- Two-Year Rule: Most wrongful death claims must be filed within two years of your loved one's death. This applies to cases involving medical malpractice, workplace accidents, truck accidents, and other incidents resulting from another’s negligence.
- Discovery Rule: In some wrongful death cases, such as those involving delayed discovery of the wrongful act or fatal injuries, the two-year period may start from the date you discovered or should have reasonably discovered the cause of death.
- Minors and Legal Representatives: If the decedent’s estate includes minor children or if the claim is handled by a personal representative, specific rules might affect the statute of limitations. We can help clarify these details based on your circumstances.
However, certain exceptions might alter the standard time limits for filing your wrongful death lawsuit. For instance:
- Tolling: In cases where the responsible party is out of state or their identity is unknown, the statute of limitations may be tolled, or paused, until they can be located.
- Minors and Incompetents: If the surviving family member is a minor or legally incompetent, the time limit might be extended.
Wrongful Death Litigation Process
When facing the tragic loss of a loved one due to another's negligence, navigating the legal system can seem overwhelming. While some cases can be settled before a lawsuit is ever filed, some will require it. If you cannot get the responsible party or their insurance company to agree to a reasonable settlement, you will need to file a lawsuit to pursue compensation. Here is the process involved in that:
Filing the Lawsuit
The first crucial step in pursuing a wrongful death claim is filing the lawsuit. This begins once you have decided to hold the responsible party accountable for their wrongful act, and they have indicated they will not settle for a fair amount.
In Oklahoma City, wrongful death lawsuits are typically initiated by the personal representative of the decedent’s estate, which is often a close family member such as a surviving spouse or a designated executor. Our dedicated wrongful death attorneys will work with you to ensure all necessary legal documents are filed properly.
Key Points in Filing the Lawsuit:
- Determine Standing: You must have legal standing to file the wrongful death lawsuit, usually being a close family member or the decedent’s estate representative.
- Prepare the Complaint: Our skilled wrongful death attorneys will prepare a detailed complaint outlining the wrongful act and the damages you seek.
- File the Complaint: The complaint is filed with the court, starting the civil lawsuit process.
Discovery Phase
Once the lawsuit is filed, the case moves into the discovery phase. This is where both sides gather evidence to support their claims and defenses. Discovery is a critical part of the litigation process, allowing us to build a robust case on your behalf.
During Discovery, We Will:
- Request Documents: Obtain medical records, accident reports, and any other relevant documents related to your loved one’s fatal injuries or medical malpractice.
- Take Depositions: Interview witnesses, including those who can provide statements about the accident or the deceased’s condition.
- Exchange Information: Share evidence with the opposing side to ensure transparency and prepare for potential settlement negotiations or trial.
Settlement Negotiations
Though there was no settlement reached prior to filing suit, there is still plenty of time to settle before it is time to actually go to trial. Many wrongful death claims are resolved through settlement negotiations before reaching trial. This phase involves negotiating with the insurance company or the defendant to reach a fair compensation agreement.
Going to Trial
If a settlement cannot be reached, your case will proceed to
trail. This step involves presenting your wrongful death case in court before a judge or jury. We will represent your interests with dedication, aiming to achieve a favorable verdict.
Key Aspects of the Trial Include:
- Presenting Evidence: We will present evidence such as witness statements, medical records, and accident reports to substantiate your wrongful death claim.
- Witness Testimonies: Testimonies from experts and witnesses will help illustrate the impact of the wrongful death on your family.
- Final Verdict: The judge or jury will deliver a verdict, which may result in an award for wrongful death damages or other compensation.
Unique Challenges in a Wrongful Death Case
Handling a wrongful death case involves a unique set of challenges that differ significantly from other types of legal claims. At Calvert Law Firm, we understand that navigating these complexities requires a nuanced approach. Here are some main challenges you may encounter in a wrongful death lawsuit.
Emotional and Psychological Impact
One of the foremost challenges in wrongful death claims is the profound emotional and psychological toll on surviving family members.
The death of a loved one, especially when it results from another's negligence, can lead to significant emotional distress. We recognize that grieving while simultaneously seeking justice can be incredibly overwhelming.
Key emotional challenges include:
- Grief and Trauma: Coping with the sudden loss of a family member can be devastating. This emotional burden can be compounded by the need to navigate a legal process. Having an attorney represent you significantly reduces the burden so you can focus on healing and moving forward.
- Family Dynamics: Disputes among surviving family members over the decedent’s estate or the management of the wrongful death lawsuit can add to the emotional strain. Having an attorney to handle the wrongful death claim is a smart move, as it keeps things professional and you will have a legal representative that all parties can communicate through.
- Public Scrutiny: In some cases, the details of the wrongful death case might become public, adding another layer of stress. Some people choose to settle for a smaller amount earlier in the process to avoid going to trial, where more details may become public.
Proving Liability and Causation
In any wrongful death case, establishing liability and causation is crucial. This can be particularly challenging because it requires demonstrating that someone’s wrongful act directly
caused the death of your loved one. The complexity increases when dealing with issues like:
- Medical Malpractice: If the wrongful death resulted from medical negligence, gathering and interpreting medical records can be complex. We work with experts to ensure that the evidence clearly shows how medical errors contributed to the death. Medical malpractice can cause wrongful deaths in a variety of ways, including failure to diagnose, giving the wrong medication, making a mistake during surgery, and many others.
- Workplace Accidents: Proving negligence in workplace accidents involves detailed investigation and evidence gathering. This might include accident reports, witness statements, and expert testimonies. Common workplace accidents that result in wrongful death include crushing or falling accidents, exposure to toxic substances or chemicals, and truck accidents.
- Vehicle Accidents: In cases involving truck accidents or other vehicle-related incidents, determining fault requires a thorough review of accident reports and possibly recreating the accident scenario. Wrongful death resulting from motor vehicle accidents is unfortunately quite common.
Legal and Procedural Obstacles
Navigating the legal landscape in a wrongful death lawsuit can be challenging due to various procedural requirements and legal hurdles. Our skilled wrongful death attorneys at Calvert Law Firm are here to guide you through these complexities, including:
- Statute of Limitations: Oklahoma law sets specific time limits for filing wrongful death claims. Ensuring that your claim is filed within this period is crucial to preserving your right to seek compensation. It’s important to remember that even though you may have two years to file your claim, you should still seek the help of an attorney as soon as possible to ensure that you have enough time to collect important evidence and build your case.
- Gathering Evidence: Compiling all necessary evidence, such as medical records, accident reports, and witness statements, requires meticulous attention to detail. We handle this process efficiently to build a strong case. We know where to look and how to obtain important evidence that could make all the difference in your case’s outcome.
- Insurance Company Negotiations: Dealing with insurance companies can be frustrating. They often try to minimize payouts. After all, they work for their profit margins, not your well being. Our dedicated wrongful death attorneys are experienced in negotiating with insurers to secure the maximum compensation you deserve. We won’t let their shady tactics stop you from getting the fair compensation your family is rightfully owed.
Financial Compensation and Damages
Determining the financial compensation in a wrongful death lawsuit involves addressing various aspects of the loss, including:
- Lost Income and Future Earnings: Calculating lost wages and future income that the decedent would have earned had they lived is a critical component of wrongful death damages. Often, when breadwinners suffer a wrongful death, they leave their families without a means of paying the bills. Wrongful death claims seek to make this as right as possible.
- Medical and Burial Expenses: Recovering costs for medical bills and funeral expenses is essential to alleviate the financial burden placed on the family. Unexpected deaths are incredibly difficult financially to deal with, and we want to help make sure you have the funds you need to cover the funeral expenses and more.
- Punitive Damages: In cases involving gross negligence or intentional wrongdoing, you may be entitled to punitive damages, which go beyond mere compensation and are intended to punish the wrongdoer.
Why You Should Hire an Oklahoma City Wrongful Death Lawyer?
Dealing with the aftermath of a loved one’s death is never easy, and the legal process that follows can add an additional layer of stress. At Calvert Law Firm, we understand the complexities of wrongful death cases and are here to support you through this challenging time.
Here’s how hiring a dedicated Oklahoma City wrongful death lawyer can make a significant difference in your wrongful death claim.
Compassionate Guidance Through Complex Legal Processes
Navigating the legal system after a wrongful death can be overwhelming. A skilled wrongful death attorney from our firm in Oklahoma City will guide you through every step of the process, ensuring you understand your rights and the legal options available to you.
Here's how our experienced team can help:
- Understanding Oklahoma Law: Wrongful death laws vary by state. Our Oklahoma City wrongful death attorneys are well-versed in Oklahoma laws and can help you file a wrongful death lawsuit that aligns with local legal requirements and protects your right to fair compensation.
- Handling Legal Procedures: From gathering evidence to filing the necessary paperwork, our wrongful death lawyers manage all aspects of your case, ensuring no detail is overlooked. You will not have to worry about the day to day aspects of your case while we represent you. Instead, you can focus on healing.
- Maximizing Compensation: We work tirelessly to seek the maximum compensation available for wrongful death damages, including medical and burial expenses, lost income, and emotional distress.
Thorough Investigation and Evidence Gathering
To build a strong wrongful death case, comprehensive evidence is crucial. Our firm excels at conducting detailed investigations, including:
- Collecting Medical Records: We obtain and review all pertinent medical records to establish the link between the wrongful act and your loved one’s death.
- Accident Reports and Witness Statements: Our team gathers accident reports and statements from witnesses to substantiate your wrongful death claim.
- Evaluating Financial Impact: We assess the financial burden of funeral costs, lost wages, and other expenses to ensure your compensation accurately reflects your losses.
Personalized Support and Advocacy
At Calvert Law Firm, we provide personalized support tailored to your family’s needs. Our approach includes:
- Compassionate Representation: We offer a compassionate ear and dedicated advocacy, recognizing the emotional distress and financial strain that comes with a wrongful death case.
- Clear Communication: We keep you informed and involved throughout the legal process, ensuring that you understand each phase and are comfortable with the decisions being made.
- Contingency Fee Basis: We work on a contingency fee basis, meaning you don’t pay us unless we secure compensation for you. This ensures that you can pursue justice without the financial strain of upfront legal fees.
Effective Negotiation and Litigation
Insurance companies and opposing parties often aim to minimize their financial liability. Our experienced wrongful death attorneys are adept at negotiating with insurance companies to secure fair compensation. Should negotiations fail, we are fully prepared to take your wrongful death lawsuit to court and advocate aggressively on your behalf.
- Negotiation Skills: We leverage our negotiation skills to maximize your financial compensation and address all aspects of wrongful death damages, including punitive damages if applicable.
- Litigation Experience: With a solid track record of handling wrongful death lawsuits, we are prepared to litigate effectively, ensuring that your family’s rights are upheld in the courtroom.
Free Consultation and No Upfront Fees
We offer a free consultation to discuss your wrongful death case and determine the best course of action. During this initial consultation, we’ll provide an overview of your legal options and the potential outcomes of your case, all at no cost to you. If you decide to move forward with our team, we will get to work without asking for any upfront payments. Instead, we operate on a contingency fee basis, which means our payment will be a percentage of your final payout, only if we win your case. If we are not able to secure compensation for you, you do not owe us for our serivces.
Hiring a wrongful death lawyer from Calvert Law Firm ensures that you have a dedicated team on your side, committed to navigating the complexities of wrongful death claims and securing the compensation your family deserves. Let us handle the legal details so you can focus on healing and honoring your loved one's memory.
