A death cause by another’s negligence can leave the victim’s family and loved ones in deep agony, shock and grief. Often, a tragic loss is too painful to consider the mundane tasks that need to be completed after a death, like reviewing medical bills for errors or filing the paperwork to make an insurance claim.
However, hiring a skilled and compassionate Oklahoma City wrongful death attorney can provide you with significant help during this difficult time. An attorney will have a strong understand of Oklahoma’s negligence laws and will know when another is at-fault for a wrongful death. Additionally, an attorney will have experience handling insurance companies and can help you file a claim against the at-fault party that caused your loved one’s death.
With more than 60 years of combined legal experience, Stephen, Anderson & Cumming’s seasoned wrongful death attorneys in Oklahoma City can help you get the justice and compensation you deserve. We provide all prospective clients with a free, no obligation consultation where we review your claim and the details of your loved one’s death. If we determine that you have a case against the at-fault party, we will handle all the details for you. Our legal services will also be provided at no upfront cost to help you recover the maximum compensation you need.
What is a Wrongful Death?
A wrongful death is a death caused by the negligence or wrongdoing of another person or entity. You will only have a wrongful death claim if the victim would have been entitled to file a personal injury claim against the at-fault party had the victim survived.
Unlike murder or manslaughter, a wrongful death is a civil case, not a criminal one. While criminal charges may also be filed depending on the situation, wrongful death cases will not result in a criminal conviction for the at-fault party. It may only require financial payment for the damage you have suffered.
Wrongful death lawsuits are common after accidents where someone was careless or reckless, such as in:
To find out if you may have a wrongful death claim, call (877) 920-9009.
Do I Have a Wrongful Death Case?
Because most wrongful death cases involve negligence, obtaining compensation through a lawsuit will require proving that the other party’s actions caused your loved one’s death.
To do this, our Oklahoma City wrongful death attorneys we will review your claim to determine if:
- The at-fault party had a duty of care to act in a manner that ensured your loved one’s safety and well-being
- The at-fault party breached its duty of care
- Your loved one’s death was directly caused by the at-fault party’s breach of duty
- You suffered damages because of the at-fault party’s actions
Our Oklahoma City wrongful death attorneys know how to recognize the elements of a wrongful death case and when another person, company or entity may be at fault for a victim’s death.
We will conduct a thorough investigation into your claim to find compelling evidence that establishes the at-fault party’s negligence was directly responsible for your loved one’s death.
Complete a Free Case Evaluation form to find out if you have a case.
Who Can Sue for a Wrongful Death in Oklahoma?
In Oklahoma, OKS §12-1053 allows an appointed personal representative of the decedent’s estate to file a wrongful death claim on his or her behalf.
Typically, the personal representative is a person chosen by the decedent, as outlined in his or her will. This often includes the decedent’s surviving spouse, children, parents or siblings.
The personal representative will file a wrongful death claim with the court and will stand in for both the decedent and his or her beneficiaries.
However, if the decedent did not appoint a personal representative before his or her death, or the named representative is unable or unwilling to cooperate, the court may appoint its own representative.
Whoever is named as the personal representative will need to file the claim within Oklahoma’s two-year statute of limitations for wrongful death, as detailed in Okla. Stat. Ann. tit. 12 § 95(A)(3).
If the personal representative fails to take action within this time, the court will likely dismiss the claim and the representative and the victim’s beneficiaries will lose the right to recover compensation. An Oklahoma City wrongful death attorney will be able to review your specific claim to determine if you are entitled to take legal action against the at-fault party.
Complete a Free Case Evaluation form to get started.
Why Should I File a Wrongful Death Lawsuit?
Often, wrongful death victims leave behind surviving loved ones and family members that were financially and emotionally dependent upon the decedent. Additionally, the cost of medical bills, funeral expenses and loss of financial support can leave many families in an economically unstable situation.
Our wrongful death lawyers in Oklahoma City understand that you deserve to be compensated for your grief, and we will work to help you obtain the maximum compensation you need. This may include payment for:
- Funeral expenses
- Medical expenses
- Lost income the deceased would have provided
- Insurance or retirement funds the deceased would have provided
- Pain and suffering of the victim’s family
- Pain and suffering of the victim
- Loss of emotional support
- Loss of companionship
In rare circumstances, an Oklahoma court may award punitive damages to the victim’s representative. These damages are only awarded if the at-fault party acted especially negligent, reckless or intentionally meant to harm the victim.
Punitive damages are not intended as compensation for the surviving family, but rather as a way to financially punish the at-fault party and deter others from acting in a similar manner.
In Oklahoma, the amount of punitive damages awarded in a wrongful death case must be distributed among the decedent’s surviving spouse, children or next of kin in the same proportion according to their financial loss.
Our wrongful death lawyers in Oklahoma City are committed to helping you obtain the compensation you need after the wrongful death of a loved one. During our free consultation, we will thoroughly review your claim to accurately estimate the damages you may be owed. We will not settle for anything less than what you deserve.
Call (877) 920-9009 to speak with a member of our legal team.
What Can a Wrongful Death Attorney Do for Me?
At Stephens, Anderson & Cummings, our Oklahoma City wrongful death attorneys understand the difficulties families face after losing a loved one because of another’s negligence.
We will work to help you recover the justice and compensation you deserve. As skilled wrongful death lawyers in Oklahoma City, we understand how to effectively represent your case to help you recover maximum compensation for your loss and pain and suffering.
Our goal is to make the claims process as simple as possible so that you are able to focus on recovering from your loved one’s untimely death. An Oklahoma City wrongful death attorney will:
Build a Case that Supports Your Claim
To prove the at-fault party is liable for your loved one’s death, you will need to have a solid case to support your claim. An experienced Oklahoma City wrongful death lawyer will:
- Obtain medical records to show the cost and extent of treatment the decedent endured before his or her death.
- Gather evidence that shows the at-fault party was directly involved in the accident that caused the decedent’s death. For example, if your loved one died in a car accident, our attorneys will find evidence that shows the at-fault party’s negligence caused the collision.
- Interview witnesses who saw the accident that resulted in your loved one’s death and can provide us with a firsthand account of the events that occurred.
- Consult with expert witnesses, including medical professionals who can identify the victim’s cause of death and testify as to whether it was a direct result of the at-fault party’s actions
Negotiate a Fair Settlement
Our Oklahoma City wrongful death lawyers are skilled negotiators who will not settle for anything less than what you deserve. This includes handling insurance companies that may be reluctant to provide you with compensation that truly reflects the pain and loss you have suffered.
We will work to reach a fair settlement that adequately compensates you for losing your loved one. Your best interests will be at the front of each decision and negotiation we make. If we believe the insurer is unwilling to cooperate or makes too low of an offer, we will not hesitate to take the case to trial to recover what you deserve.
If you are considering filing a wrongful death claim, it is in your best interest to contact our skilled Oklahoma City wrongful death attorneys. Your consultation is free and we do not charge our clients upfront legal fees. There is no risk in finding out if you are able to file a wrongful death lawsuit.
Call (877) 920-9009 if you lost a loved one to another’s negligence.
Schedule a Consultation with an Oklahoma City Wrongful Death Lawyer
At Stephens, Anderson & Cummings, we understand the significance of losing a loved one because of another’s negligence.
With the help of an Oklahoma City wrongful death lawyer, you may be able to obtain the compensation and justice you deserve by holding the at-fault party liable for negligently causing your loved one’s death.
If you have lost a loved one due to another’s recklessness or negligence, we will conduct a free, no obligation review of your claim. We will assess the circumstances behind your loved one’s death to determine if you have a strong case against the at-fault party.
Our Oklahoma City office is located in the Wileman 3 neighborhood, just one-half of a mile from the Integris Baptist Medical Center. Do not hesitate to contact us for qualified legal help at no upfront cost. We work only on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim.
Call (877) 920-9009 for a free consultation with a wrongful death attorney in Oklahoma City.