Fatal Accidents And Wrongful Death Claims
When someone’s negligence results in a fatal accident, this is known as wrongful death. If you’ve lost a family member under these circumstances, contact a wrongful death attorney in Oklahoma to file a lawsuit and seek compensation for your suffering.
Grieving the loss of a loved one after an unexpected accident can be devastating. Your family can support one another through this difficult time but, when you know that someone else’s negligence caused the fatal accident, you may feel that justice needs to be served.
In addition to the pain and suffering you’re experiencing, funeral expenses will accumulate quickly. If your deceased loved one was a primary income-earner in the family, you may also have to deal with a significant loss of income. Filing a wrongful death lawsuit can relieve your family of financial stress during this time and ensure that the at-fault party pays for their careless or negligent actions.
At Talley, Turner & Bertman, an Oklahoma wrongful death lawyer can support you through the legal process. While you focus on picking up the pieces of your life, we’ll conduct a thorough investigation of your family member’s accident and gather evidence that can identify all of the liable parties in the case. Once the at-fault parties are identified, we’ll maximize your settlement by proving negligence.
Who Can File A Wrongful Death Claim In Oklahoma?
The state of Oklahoma regulates the wrongful death claims process in order to reduce the number of claims that come through the court system. Only personal representatives can file wrongful death claims. This helps to keep the wrongful death claim process authentic and streamlined.
The deceased will name a personal representative of their estate who will be allowed to file a wrongful death claim in the event of their death. Usually, this is a spouse, a parent, a child, a sibling or another family member. If the deceased didn’t name a personal representative, the court can appoint one, which will typically be the closest relative.
Accidents That Can Result In Wrongful Death
There are a variety of accidents that can result in wrongful death. Typically, any fatal accident that involves negligence on behalf of one involved party involved can be considered a wrongful death accident. Car accidents are some of the most common accidents that result in wrongful death because one or more drivers are speeding, driving under the influence or driving while distracted.
Other accidents that result in wrongful death may include work-related accidents, slip-and-fall accidents, product defect accidents and medical malpractice accidents.
For example, in a work-related accident, if a construction worker is killed in an explosion due to unsafe work conditions, the employer can be sued for wrongful death. If a guest dies from a brain hemorrhage after slipping and falling on a spilled liquid in the grocery store, the store owner can be sued for wrongful death. If a patient dies in surgery from a preventable procedural error, the doctor or hospital can be sued.
Proving Liability In A Wrongful Death Accident
While the cause of wrongful death may be obvious after a fatal accident, you’ll need to be able to prove liability in court in order to receive compensation. A wrongful death attorney in Oklahoma will investigate the incident and gather evidence such as police reports, medical records, video footage, witness testimonies and photographs to show the judge and jury how negligence occurred.
Damages That Can Be Recovered By The Family Of The Deceased
Even though your loved one has passed, there are numerous damages your family may have suffered as a result of the death. Often, the death of a loved one doesn’t happen immediately after the accident and the injuries that result from a fatal accident can produce significant medical expenses. On top of medical expenses, funeral expenses will also be significant.
If your family member was the sole breadwinner in the family, it’s likely that your family will be experiencing a significant decrease in income, which should be taken into consideration when calculating your claim value. Other damages may include property damages from the accident and noneconomic damages such as pain and suffering and emotional distress.
Reach Out To An Oklahoma Wrongful Death Attorney
There’s no denying that your family has been through a lot. Grieving the loss of a loved one is difficult and, though no amount of money will cure your pain, you deserve compensation for what you’ve been through. By filing a lawsuit with Talley, Turner & Bertman, you can find a sense of closure knowing that justice has been served that will prevent other families from enduring what you have endured.
To speak with an Oklahoma wrongful death lawyer about your case, call 405-467-2858 or fill out the contact form to schedule a consultation.