Oklahoma City Wrongful Death Lawyer
Have you recently lost a family member in a fatal accident in Oklahoma City, OK? If you believe that this accident could have been avoided, please contact our personal injury law firm McGuire Law Firm at (405) 513-5658 to schedule a free consultation with our compassionate Oklahoma City wrongful death lawyer to help you fight to maximize your financial settlement or award.
We know that money can’t bring back the one you lost. But, it can make a huge difference in your family’s life for years to come. So, well stand beside you and work hard to get the financial justice and support you deserve.
How McGuire Law Firm Can Help After a Fatal Oklahoma City Accident
Now is not the time to take on insurance companies and those responsible for your loved one’s death. Now is the time to grieve and figure out a plan to move forward. McGuire Law Firm is here to help you do that - by handling your wrongful death case from start to finish.
Our Oklahoma City personal injury lawyers have more than 60 years of experience behind them. We're passionate about what we do, and our results are a testament to that. Since our founding, we've helped families like yours recover millions in life-changing financial settlements and awards. We're ready to do everything we can to get those results for you.
When you trust our personal injury law firm with your wrongful death case, expect:
- To work with an attorney who genuinely cares about you, your family, and how important a financial recovery is to you
- An exhaustive investigation into the accident that caused your family member’s death
- Careful evaluation of the evidence that’s gathered by our legal and investigative team
- Consultations with leading accident and injury experts in Oklahoma as we build and value your wrongful death action
- Tough negotiations with at-fault parties and/or their insurance companies as we work to get you a full and fair deal
- Passionate and compelling representation at trial, if you’re not extended a fair offer
Our personal injury attorneys in Oklahoma City are committed to helping you navigate this difficult time. To get started, or to simply learn more about how we can help, give us a call. Your first consultation with our team is always free.
Common Causes of Wrongful Deaths in Oklahoma City
The death of an individual can typically be classified as "wrongful" if it is caused by the carelessness, negligence, or recklessness of another party.
Some of the most common causes of avoidable and wrongful deaths in Oklahoma City include:
- Car Accidents: A drunk, distracted, or otherwise reckless driver can easily cause a car accident that kills one of their passengers or another road user. As such, it is no surprise that car accidents are the number one cause of wrongful deaths in the United States.
- Truck Accidents: Commercial trucks can weigh as much as 80,000 lbs. When a driver error or mechanical defect causes them to collide with another vehicle, truck accident fatalities occur with a frightening degree of regularity.
- Motorcycle Accidents: When they travel through Oklahoma City, motorcyclists are protected only by their helmet and their riding suit. They do not have any airbags or other advanced safety equipment. When they get into a motorcycle accident, this lack of protection, unfortunately, makes death a likely outcome.
- Medical Malpractice: Emergency room errors, surgical mistakes, and delayed diagnoses are all common examples of medical malpractice. When doctors, nurses, and pharmacists make these kinds of blunders, their patients often pass away unnecessarily.
- Workplace Accidents: Slips and falls, explosions, fires, and other workplace accidents often result in the death of an employee. These accidents are particularly common in factories and warehouses as well as on construction sites.
- Defective Products: Product designers, manufacturers, and distributors are legally obliged to ensure that their merchandise is safe for consumer use. This law is in place because defective products frequently cause unsuspecting consumers to lose their lives.
If you have recently suffered the loss of a loved one in a fatal accident, you may be entitled to compensation. To learn more about your legal options, please contact the Oklahoma wrongful death attorneys at McGuire Law Firm as soon as possible.
Who Can File a Wrongful Death Lawsuit in the State of Oklahoma?
When an individual dies due to another person's negligence, certain survivors are eligible to seek financial restitution for their loss.
In Oklahoma, the order in which survivors can claim compensation is as follows:
A Personal Representative
Under Oklahoma law, a deceased person's representative can file a wrongful death lawsuit on behalf of the beneficiaries. In most cases, this representative is the executor named in the decedent's will. If no will exists, however, a representative may be appointed by the court.
The Surviving Spouse
When a personal representative has not or cannot be named, the right to file suit falls to the surviving spouse. This is true whether the decedent was in a same-sex or opposite-sex marriage at the time of their death.
The Next of Kin
If the decedent does not have a surviving spouse, the right to file a wrongful death lawsuit is typically passed to their next of kin. There is no strict legal definition for this term. However, most courts agree that a person's parents, siblings, and children can all be classified as their next of kin.
Do you need an experienced wrongful death attorney to help you fight for compensation for your family member's untimely passing? Then please reach out to McGuire Law Firm in Oklahoma City at your earliest convenience. We would love to set up a free consultation to learn more about your case.
What Damages Are Available in Oklahoma Wrongful Death Cases?
The loss of a parent or spouse can be both emotionally and financially devastating to an Oklahoma City family. And while no amount of money can ever heal the pain caused by that person's absence, compensation can help to cover bills and ensure a stable future for grieving relatives.
Most families who file wrongful death suits can recover financial restitution for the following damages:
- Medical expenses
- Funeral expenses
- Loss of consortium
- Loss of companionship
- Pecuniary loss
- Mental anguish
If the actions of the at-fault party were particularly malicious or egregious, grieving families can also demand compensation for punitive damages.
How Oklahoma Comparative Fault Rules Could Affect Your Wrongful Death Case
Oklahoma operates under a modified comparative negligence system with a 51% bar to recovery. Put more plainly, injury victims can recover compensation as long as they share some but not most of the blame for an accident.
Comparative fault doesn’t get set aside just because an accident is fatal. Victims who are killed in an accident can still be apportioned some of the blame. That apportionment of blame will directly impact a wrongful death action filed by the victim’s estate or surviving family members.
Here’s how:
- If your family member is allocated more than half of the blame for their fatal accident, you will be prohibited from seeking compensation from other parties.
- If their share of the blame is less than 51%, the damages in your wrongful death case will be adjusted to reflect that.
Damages are reduced in direct proportion to degree of fault. So, imagine the value of your wrongful death case is calculated to be $100,000. Your loved one is assigned 15% of the blame for the fatal accident. Your damages will be reduced by that 15%. So, when your case is resolved, you’ll be able to walk away with (at most) $85,000.
Insurance companies will undoubtedly try to blame the victim here. They’re not around to defend themselves or speak up. McGuire Law Firm will fight to give them a voice and protect your ability to secure the compensation you deserve.
How Long Do I Have to File a Wrongful Death Lawsuit in Oklahoma?
The Sooner State has a two-year statute of limitations on almost all wrongful death cases. The clock begins to run the moment an accident victim dies. This may or may not be the same date as the accident that inflicted their fatal injuries.
It is important to note that you will forfeit the right to recover compensation if you miss the deadline that applies to your wrongful death case.
McGuire Law Firm has years of experience filing personal injury, workers' compensation, and wrongful death claims on behalf of the residents of Oklahoma City. If you've recently lost a family member in a fatal accident, don't hesitate to reach out to us for help. The sooner you call, the sooner we can begin to put your wrongful death case into action.
Your Trusted Oklahoma City Wrongful Death Lawyer
It's never easy to lose someone you love. Losing them in an avoidable accident can make the loss that much more difficult. Don't let those responsible for your tragic loss off the hook. Call McGuire Law Firm and have our experienced Oklahoma City wrongful death lawyers fight to hold them accountable. We're here whenever you need us. Give our law office a call to get started with a free case evaluation today.
Related Links:
- Wrongful Death vs. Accidental Death: Understanding the Difference
- Who Can File a Wrongful Death Claim in Oklahoma?
Frequently Asked Questions for Wrongful Death Attorneys in Oklahoma City
What qualifies as a wrongful death case in Oklahoma City?
Wrongful death occurs when someone’s negligence or intentional actions lead to the untimely death of another person. It can include incidents such as car accidents, medical malpractice, workplace accidents, or defective products resulting in fatalities. At McGuire Law Firm we have assisted many loved ones in handling cases where their loved one was lost due to someone else’s negligent action.
How do I know if I have a valid wrongful death claim?
If you’ve lost a loved one due to someone else’s actions or negligence, you may have a valid wrongful death claim. Consulting with an experienced wrongful death attorney can help evaluate your case and determine its viability. Our law firm understands that this is a very difficult time for you and your family, but you don’t have to go through this alone. Setting up a consultation with our Oklahoma City wrongful death lawyers can help take the legal burden off your shoulders and allow you the needed time to grieve.
Do I need to go to court for a wrongful death case?
While some cases may be resolved through negotiation or settlement, others may require litigation and court proceedings. Your attorney will guide you through the process and represent your interests in court if necessary. Most personal injury cases, including wrongful death cases, do tend to settle out of court.
How long does a wrongful death case typically take to resolve?
The timeline for resolving a wrongful death case can vary depending on factors such as the complexity of the case, negotiations with insurance companies, and if your case is able to be settled outside of court or not. Your attorney will provide a realistic timeframe based on the specifics of your situation.
What if the at-fault party denies responsibility for the wrongful death?
If the at-fault party denies responsibility, your attorney will conduct a thorough investigation to gather evidence and establish liability. This may involve expert testimony, forensic analysis, and other means to hold the responsible party accountable for their actions. Situations such as these make it very important to contact an attorney as soon as possible. The sooner you hire an Oklahoma City wrongful death lawyer, the more time your attorney has to do a throughout investigation and prove the negligence of the responsible party.
Can I sue for punitive damages in a wrongful death case?
In Oklahoma, punitive damages may be awarded in cases where the defendant’s conduct is deemed especially reckless or egregious. Punitive damages are not something that you or your attorney can ask for. They are only awarded by the judge or by the jury if they deem it necessary.
What if the at-fault party is uninsured or underinsured?
If the at-fault party is uninsured or underinsured, you may still have options for compensation. This could include seeking coverage from your own insurance policy, pursuing other liable parties, or exploring alternative sources of compensation with the guidance of your attorney.
Why should I choose McGuire Law Firm for my wrongful death case in Oklahoma City?
At McGuire Law Firm, we are dedicated to providing compassionate support and aggressive advocacy for our clients. With a track record of successful outcomes and a commitment to personalized attention, we are ready to fight for the justice and compensation you deserve. Contact us today to learn how we can help you navigate this challenging time with confidence.
