The sudden loss of a loved one is an unimaginable tragedy, and when their death is due to someone else’s negligence, the pain and confusion can be difficult to handle. At Warhawk Legal, our personal injury attorneys in Moore understand the profound impact a wrongful death can have on a family, and our Moore wrongful death lawyers are dedicated to helping you hold those responsible for your loved one’s death financially accountable for your loss.
Contact Warhawk Legal today at (405) 397-1717. Our legal team offers a free and confidential case evaluation, where we will listen to your story, explain your rights, and discuss how we can achieve the best possible outcome for your case.
Why Choose Warhawk Legal?
The wrongful death lawyers at Warhawk Legal stand out for our compassion for our clients, excellence, and results. Here is why trusting us with your wrongful death case is the right choice:
- Experience and Authority: Our attorneys have a proven track record of success in wrongful death cases, securing justice and substantial compensation for our clients.
- Personalized Attention: We understand that every case is unique, and we provide personalized legal strategies tailored to meet the specific needs and goals of our clients.
- No Fees Unless We Win: Our commitment is to your success. We charge no fees unless we recover compensation on your behalf, ensuring our interests are aligned with yours.
- Free and Confidential Case Evaluation: We offer a no-cost, no-obligation consultation to discuss your case and determine the best path forward.
What is “Wrongful Death” in Moore?
In Oklahoma, a wrongful death occurs when someone dies due to the wrongful act or omission of another party. According to Oklahoma Statutes Title 12, § 1053, “A wrongful death action may be brought by the personal representative of the deceased person for the exclusive benefit of the surviving spouse, children, parents of the deceased, or the estate of the deceased person.”
Essentially, a wrongful death claim can be brought by the personal representative of the deceased’s estate whenever the deceased could have pursued a personal injury claim had they survived, providing a path to justice and compensation for the losses suffered by the deceased’s family or dependents.
Common Causes of Wrongful Death in Moore
Wrongful death can arise from a variety of circumstances, each bringing its own complexities to a legal case. Common causes include:
- Car accidents
- Truck accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Acts of violence
Once we know the cause of your loved one’s wrongful death, we can identify the responsible party(s) and develop a legal strategy to hold them financially accountable for the tragic death of your loved one, and the losses their estate, family, and dependents have suffered as a result.
What Damages Are Possible in an Oklahoma Wrongful Death Case?
The types of damages possible in an Oklahoma wrongful death case depend on the specific facts of each case. In Oklahoma personal wrongful death suits, damages can generally be broken into two types – compensatory and non-compensatory.
Compensatory damages are intended to compensate the plaintiff for their losses. Non-compensatory damages are considered punitive, or exemplary, damages. This type of damages is designed not to compensate the plaintiff, but to punish the wrongdoer and help deter future similar behavior.
Compensatory damages may be further divided into two categories – economic and non-economic.
Oklahoma Statutes §12-1053 outlines the type of damages that may be recovered in a wrongful death action and to whom those damages are paid.
The economic damages may include:
- The decedent’s medical and burial expenses, which shall be paid to the person or governmental agency who paid for these expenses or to the decedent’s estate if paid by the estate.
- Pecuniary losses of the surviving spouse and children, or next of kin, including the decedent’s future earnings, considering their age, occupation, earning capacity, health habits, and probable duration of life. These damages shall be paid to the surviving spouse and children, if any, or the next of kin.
Non-economic damages in a wrongful death action may include:
- The mental pain and anguish of the decedent before death, caused by the accident or incident that caused their death, which shall be paid to the surviving spouse and children, if any, or next of kin.
- Grief and loss of companionship suffered by the decedent’s children and parents, which shall be paid to them.
- Loss of consortium and grief suffered by the decedent’s surviving spouse, which shall be paid to the surviving spouse.
Oklahoma Statutes §12-1053 also provides for punitive or exemplary damages “in proper cases”, which shall be paid to the surviving spouse and children, if any, or next of kin.
At Warhawk Legal, our Moore truck accident lawyer has the experience, skills, and resources to help ensure all damages are included and adequately valued to maximize your recovery.
How To Prove Liability for a Wrongful Death
Most wrongful death cases are based on negligence. To be successful in a Moore wrongful death claim based on negligence, you must prove:
- The defendant owed a duty of care to the decedent. For example, doctors owe a duty of care to their patients to help ensure their health.
- The defendant breached their duty of care by their actions or inactions. If a doctor made an incorrect diagnosis or a surgeon amputated the wrong limb, they may have breached their duty of care owed to their patient.
- The defendant’s breach of duty caused the decedent’s death. It is not enough to show that the defendant breached their duty of care. You must prove that the defendant’s action or inaction in breaching their duty is what caused the decedent’s death.
- The decedent’s death resulted in losses or damages. You will need to prove the economic and non-economic damages suffered by the decedent’s loved ones or estate.
Liability is primarily determined by the cause of the accident or injury that leads to the decedent’s death. Our attorneys carefully investigate every accident or incident to help ensure that all possible causes and all potentially liable parties are identified. We then work tirelessly to locate and collect essential evidence to prove your case.
What Evidence Do You Need for a Successful Moore Wrongful Death Claim?
The evidence used to prove a wrongful death claim will vary depending on the facts of the case. However, some types of evidence we may use in a successful Moore wrongful death claim include:
- Accident reports and other reports by law enforcement.
- Medical records.
- Testimony of eyewitnesses.
- Expert witness testimony, such as that of a doctor or economist.
- Death certificate.
- Proof of burial costs.
- Medical examiner records.
- Photographs and video evidence, including nearby security cameras.
- Dashcams in motor vehicle accidents.
- Electronic recording devices in motor vehicle accidents.
- Proof of income.
- Proof of occupation and earning capacity.
These are some possible types of evidence we may use to prove a Moore wrongful death case. However, our attorneys use their extensive skills and experience to determine what evidence is needed and which evidence best supports your claims.
Who Can File a Wrongful Death Lawsuit in Moore, OK?
In Oklahoma, only the decedent’s personal representative, or executor, of the executor of the decedent’s estate may bring a wrongful death claim.
If the decedent did not appoint a personal representative, or if the person appointed can not or refuses to bring the action, the court can appoint someone to represent the estate.
How Long Do I Have to File a Wrongful Death Claim in Moore?
Oklahoma limits the amount of time a family has to file a wrongful death claim, which is generally two years from the date of the deceased person’s death. This time frame is extremely important, as failing to file within this period can result in the loss of your right to ever bring a claim.
How Can Our Moore Wrongful Death Lawyers Help?
At Warhawk Legal, our Moore car accident attorney is dedicated to guiding you through every step of the legal process with compassion and skill. If you choose us to handle your wrongful death case, we will:
- Thoroughly Investigate the circumstances of your loved one’s death to build a strong case.
- Handle all legal documentation and filings within the required time frames.
- Negotiate with the liable insurance companies and other parties to seek the maximum compensation.
- Prepare and argue your case at trial if a settlement cannot be reached that rightfully compensates you and your family for your loss.
We are committed to providing personalized, effective legal representation to ensure you receive the justice and compensation you deserve.
Schedule A Free Consultation With A Moore Wrongful Death Lawyer
If you have lost a loved one due to someone else’s negligence or wrongful actions, call Warhawk Legal today at (405) 397-1717 or complete our intake form to schedule a free consultation. Let us handle the legal burdens during this difficult time, so you and your family can deal with your grief and focus on healing.