Experiencing the loss of a loved one is painful. When their death was preventable or wrongfully caused, you likely have the right to seek legal recourse. At Warhawk Legal, our Edmond motorcycle accident attorney understands how difficult this time can be for you and we are ready to support you in your time of need. No amount of money can take away your pain, but getting the compensation you deserve can help mitigate the financial hurdles you face after your loved one’s death.

Get started with us today to learn more about your options. Contact our award-winning team of wrongful death lawyers in Edmond by calling us at (405) 397-1717 or booking your appointment online.

Edmond Wrongful Death Lawyer

Why Warhawk Legal Is Edmond’s Choice For Wrongful Death Cases

Edmond families consistently choose the Edmond personal injury lawyers at Warhawk Legal as their trusted legal partner. With our experience and dedication, we provide comprehensive support throughout the entire legal process.

Here are some of the key reasons why families choose Warhawk Legal.

Our extensive experience in negotiating with insurance companies. We will fight relentlessly for you to receive the most possible compensation for your loss.
Our skill in representing you in court with utmost care and compassion. We understand that dealing with the loss of a loved one is an incredibly difficult time, and they strive to provide support every step of the way.
Our track record of securing multi-million dollar settlements and verdicts for clients. We are skilled in navigating insurance tactics and settlement negotiations and fighting for you to receive the compensation you deserve.
Our contingency fee payment structure means you only pay if we win your case. This provides peace of mind during an already challenging time.

What Can Wrongful Death Claims Pay For In Oklahoma?

According to 12 OK Stat § 1053 (2022), wrongful death claims can pay for the following

Medical and Burial Expenses. These expenses “shall be distributed to the person or governmental agency as defined in Section 5051.1 of Title 63 of the Oklahoma Statutes who paid these expenses, or to the decedent’s estate if paid by the estate.”
Loss of Consortium and Grief of Surviving Spouse. These damages “shall be distributed to the surviving spouse.”
Mental Pain and Anguish Suffered by the Decedent. These damages “shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent.” This means that the damages would be distributed to those survivors in the same manner that they would’ve received it if this was the individual’s estate plan or will.
Pecuniary Loss. Pecuniary loss is defined as the financial loss experienced by the family. “The pecuniary loss to the survivors based upon properly admissible evidence with regard thereto including, but not limited to, the age, occupation, earning capacity, health habits, and probable duration of the decedent’s life, which must inure to the exclusive benefit of the surviving spouse and children, if any, or next of kin, and shall be distributed to them according to their pecuniary loss.” This means that the money received from this compensation is meant exclusively for the benefit of the surviving spouse, children, if any, or the closest living relatives. The distribution of this compensation is based on the financial losses each suffered.
Grief and Loss of Companionship. This loss of companionship “shall be distributed to them according to their grief and loss of companionship.” This means the damages will be distributed in proportion to the extent of the grief experienced by the survivors.

Who Can File a Wrongful Death Lawsuit in Edmond?

Relatives of wrongful death victims may wonder if they can file an injury claim on behalf of a loved one. Only the deceased’s personal representative of their estate may file a wrongful death claim in Edmond.

If the deceased left a will and named a personal representative, that person has the right to file the claim. If there is no will or no personal representative named in the will, the court will appoint a personal representative for the deceased’s estate.

The deceased’s personal representative will bring a wrongful death action on behalf of the deceased’s surviving spouse, children, parents, and others who have the right to inherit or were dependent on the victim.

If the deceased’s will names no personal representative, the court will follow the priority list provided in Oklahoma Statute §58-122 to determine who will be named the personal representative. The potential personal representatives, in order of priority, are:

The surviving spouse or their appointee.
The children.
A parent.
A sibling.
The grandchildren.
Next of kin entitled to share in the distribution of the estate.
Creditors.
Any legally competent person.

Is There a Deadline For Filing a Wrongful Death Claim in Edmond?

Yes. A statute of limitations sets the deadline for filing a claim to recover damages. Pursuant to Oklahoma Statutes §12-1053, a wrongful death action must be filed within two years of the decedent’s death.

If you do not file your claim within two years of death, you may be unable to recover compensation.

There are exceptions to the two-year filing deadline. For example, if the cause of death is not immediately known or discovered, the statute of limitations may be extended.

You must consult an experienced Edmond wrongful death attorney to know your filing deadline.

Proving Liability in an Edmond Wrongful Death Case

In a wrongful death case, how to prove liability is determined by the cause of the wrongful death. In most cases, wrongful death cases are based on negligence. To prove negligence in an Edmond wrongful death case, you must prove the following:

The defendant owed the decedent a duty of care.
The defendant breached their duty of care by their actions or inactions.
The defendant’s breach of their duty of care caused the decedent’s death.
The decedent’s heirs incurred losses or damages that were caused by the decedent’s death.

Our Edmond truck accident attorneys have the experience, skills, and resources to identify, collect, and submit the evidence necessary to prove the existence of all elements of a wrongful death action.

Common Causes of Wrongful Deaths in Edmond, Oklahoma

Wrongful death can have numerous causes. Some of the most common causes of wrongful deaths in Edmond, Oklahoma, include:

Motor vehicle accidents. When a loved one is killed in a motor vehicle accident caused by another party, you may have the right to file a wrongful death action to recover damages. Accidents may also be caused by negligently maintained or defectively designed roads, defective parts and equipment, and negligent repair or maintenance businesses.
Medical malpractice. Sadly, mistakes made by surgeons, doctors, hospitals, nurses, and medical facility staff are frequently the cause of wrongful death in Oklahoma.
Workplace accidents. When a workplace accident is caused by a third party’s negligent or intentional actions, a wrongful death action can arise. Workplace accidents can be caused by a property owner, manager, third-party contractor, supplier, or others visiting the work site. Workplace violence can also be a cause of wrongful death.

If a loved one’s death is the fault of another party, you should consult an experienced Edmond car accident attorney about your rights.

Warhawk Legal Is Edmond’s Choice For Wrongful Death Cases

Our track record of excellence speaks for itself. Here are just a few of our successfully concluded wrongful death cases:

$9,500,000.00 (Wrongful Death Trucking Settlement)
$3,500,000.00 (Wrongful Death Aviation Settlement)
$3,500,000.00 (Wrongful Death Oil Field Settlement)

So contact us to get started working on your wrongful death case. Call us at (405) 397-1717 or book your consultation online today.