When your loved one dies in a traumatic accident, it’s natural to want justice from the responsible party. Reach out to a wrongful death attorney in Oklahoma City to file a lawsuit and recover damages.
Grieving the loss of a family member is never easy, but it can be exponentially more difficult to recover when the death is unexpected and caused by someone else’s negligence. Although you probably weren’t at the scene of the accident, you may be able to infer from what happened that other parties contributed to your loved one’s death in some way.
At Talley Turner Bertman, we strive to seek justice on behalf of the deceased and their family. When someone in the family dies, funeral expenses and a significant loss of income is just one of the results that make recovery difficult. An Oklahoma City wrongful death lawyer from our firm can work to relieve your family’s financial stress by maximizing your claim value and ensuring all liable parties are held accountable.
There are many Oklahoma City accidents that can result in fatalities, but when it comes to wrongful death cases, the fatal accident must involve negligence on behalf of the liable party. Fatal accidents that often involve some type of negligence. These include any of the following:
Fatal accidents may be considered wrongful death accidents if a drunk driver hits and kills someone in a car crash, if a motorcyclist is killed by someone who was texting while driving, if a construction worker is killed on a job site due to unsafe work conditions, or if a product malfunctions and kills the user.
In order to prove negligence was involved in a fatal accident, a thorough investigation will need to be performed. Your wrongful death attorney in OKC will work to gather evidence, such as police reports, videos, photographs, and witness testimonies. This evidence can be helpful to reveal facts regarding what happened, why it happened, and who was ultimately responsible.
Once negligence can be proven and a defendant can be identified, your lawyer will help you proceed with pursuing a wrongful death claim in civil court.
The state of Oklahoma has limits on who can file wrongful death claims because this keeps the court system from being overflowed with cases. It also ensures that most wrongful death claims are of a genuine nature. If anyone was allowed to file a wrongful death claim, more false claims may be entered into the system for the sole purpose of financial compensation.
Although some states list specific relatives who are allowed to file, Oklahoma hopes the deceased will name a personal representative of their estate before their death. This is usually a close family member such as a spouse, parent, sibling, or child. However, if the deceased doesn’t name a personal representative, the court will appoint one. The closest relative will most likely be appointed.
Family members of the deceased can seek both economic and non-economic damages. It’s possible that medical expenses have been accumulated if your loved one suffered injuries before passing in the accident. Also, property damage and funeral costs will be added into your settlement amount. If your family member was the sole breadwinner of the family, lost wages should be accounted for, as well.
Non-economic damages may include pain and suffering and emotional distress. Your family has dealt with significant grief because of the negligent actions of the defendant. Your attorney will examine these damages, monetize them, and include them in your claim value.
It’s important for family members of the deceased to be aware that there is a statute of limitations in Oklahoma for wrongful death claims. All wrongful death claims must be filed within two years of the death. Otherwise, the court won’t hear your case and you won’t receive any compensation for your loss.
Losing a loved one in a traumatic accident is never easy, but seeking justice on their behalf can provide a sense of closure for your family. Hopefully, you’ll be able to pick up the pieces of your life more easily without financial stress holding you back.
Your receipt of any information posted on this website does not create any attorney-client relationship between Talley Turner Bertman ("TTB LAW") and you. Furthermore, if you send unsolicited email or other communications to attorneys at TTB LAW, an attorney-client relationship is not created. If you are not currently a client of the Firm, any information you provide will not be privileged and may be subject to disclosure to persons outside the Firm.