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Losing a loved one is one of the most difficult experiences anyone can face. When that loss is caused by someone else’s negligence or wrongful actions, you may have the right to pursue legal action against those responsible. While no outcome can replace your loved one, it can help hold the responsible party accountable and provide financial support during a difficult time.
Fatal accidents occur in many ways, including motor vehicle crashes, unsafe property conditions, defective products, and medical malpractice. In fact, according to the National Highway Traffic Safety Administration (NHTSA), dozens of lives are lost on our nation’s roadways each day, with thousands more injured.
If you have lost a loved one due to negligence or a wrongful act in or around Tulsa, Oklahoma, it’s important to speak with an experienced wrongful death attorney. At the Law Offices of Jeff Martin, we take on insurance companies and responsible parties to pursue justice and secure compensation for your loss. We proudly represent clients throughout Eastern Oklahoma, including Muskogee, Bartlesville, and McAlester.
A lawsuit cannot bring back a loved one, but it can hold the responsible party accountable and provide financial support after a devastating loss. Compensation may help cover medical care prior to death, as well as funeral, burial, and other related expenses. It can also serve as a powerful reminder that negligence has real consequences. Under Oklahoma law (Section 1053), a wrongful death claim may also include damages for loss of companionship, mental pain and anguish suffered by the decedent, and the financial support the decedent would have provided if they had lived.
Wrongful death can result from a wide range of negligent or intentional actions. For example, if a driver crashes into another vehicle and causes a fatality, that may give rise to a wrongful death claim. Other situations may involve unsafe conditions on someone else’s property. If a person slips and falls due to a hazardous surface, suffers a serious injury, and does not recover, the property owner may be held liable under premises liability laws. Intentional acts, such as assault, can also lead to both criminal charges and civil liability. In some cases, even if a criminal conviction is not obtained, a wrongful death claim may still succeed in civil court. Additionally, medical malpractice, such as misdiagnosis or improper treatment, can result in wrongful death and form the basis for legal action.
A wrongful death lawsuit can be filed if the decedent, had he or she lived, would have been able to file a personal injury lawsuit. Most personal injury lawsuits are based on negligence. Negligence means that the other party had a duty of care toward others and their actions or failure to act resulted in harm to someone.
There are four elements of a negligence lawsuit:
Duty: The responsible party had a duty of care toward the plaintiff or decedent. In a traffic situation, Oklahoma laws require drivers to keep others safe from harm. Healthcare providers have an obligation to safeguard their patients, and business owners have a duty to maintain a safe public environment.
Breach of Duty: The responsible party, through action or inaction, breached their duty of care.
Causation: Their breach caused the defendant’s, or decedent’s, harm, or death.
Result: Economic and non-economic damages were inflicted that should be compensated for.
Oklahoma imposes a two-year statute of limitations on filing wrongful death lawsuits. The statute starts from the date of the person’s death, which could be later than the injury that led to the person’s demise.
In some states, family members are allowed to file a wrongful death lawsuit, but in Oklahoma, the legal action must be initiated by the decedent’s personal representative. Personal representative means the person named in the decedent’s last will and testament to become the executor of their estate.
If the person died without a will, then the court overseeing the case will appoint an executor, or personal representative, usually from among family members. Any award from the lawsuit will accrue to the family members and not just the executor.
In a wrongful death lawsuit, recoverable damages may include medical expenses related to the final injury or illness, funeral and burial costs, lost financial support, loss of companionship, grief and emotional suffering in certain circumstances, and other losses recognized under Oklahoma law. The damages available will depend on the facts of the case and the relationship between the deceased person and the surviving family members.
The value of a wrongful death claim depends on many case-specific factors. These may include the deceased person’s age, health, earning capacity, financial contributions to the family, the nature of the relationship with surviving loved ones, the circumstances of the death, and the losses suffered by the family as a result. Because every case is different, a detailed legal review is often needed to properly evaluate the claim.
Several factors can affect the value of a wrongful death claim, including the deceased person’s income and future earning potential, medical and funeral expenses, the emotional and financial impact on surviving family members, the strength of the evidence, and the amount of available insurance or other assets. The facts surrounding liability can also play an important role in how the claim is valued.
Oklahoma law places time limits on filing wrongful death claims. Because the deadline can depend on the facts of the case and missing it may affect your right to seek compensation, it is important to speak with an attorney as soon as possible after the loss.
In some cases, a wrongful death claim may still be possible even if the deceased person was partially at fault. However, that issue can affect whether compensation is available and how much may be recovered. Because fault can become a major point of dispute, it is important to have the case reviewed by an attorney who can evaluate how Oklahoma law applies.
A wrongful death lawsuit is a civil case that seeks financial compensation for surviving family members or the estate after a person’s death was caused by another party’s wrongful act or negligence. A criminal homicide case, by contrast, is brought by the government and focuses on criminal punishment. The two cases are separate, and a wrongful death claim may still be possible even if no criminal charges are filed.