Wrongful Death Lawyers in Oklahoma City, OK

If you lose someone in your family to wrongful death, navigating the situation can be deeply distressing and complex. Here are some steps that may help you deal with the legal and emotional aspects of the situation:

• Seek Emotional Support: Take care of your emotional and mental health. Consider seeking support from grief counselors, support groups, or therapy to help you and your family cope with the loss.

• Secure Important Documents: Gather any relevant documents that might be needed for legal proceedings or claims. This includes medical records, death certificates, the deceased’s employment records, and any documentation related to the incident (e.g., accident reports or witness statements).

• Consult a Wrongful Death Attorney: Contact an attorney who specializes in wrongful death cases. Our team at Johnson & Biscone can provide guidance on the viability of a wrongful death claim, explain the legal process, and help determine the parties that can be held liable.

• Initiate an Investigation: Your attorney will likely conduct an investigation to gather evidence supporting your claim. This might involve hiring experts, interviewing witnesses, and collecting additional evidence related to the circumstances of the death.

• Consider Immediate Financial Needs: Assess your family's immediate financial needs, especially if the deceased was a primary provider. Some wrongful death claims can take time to settle, so understanding your financial landscape is crucial.

• File a Wrongful Death Claim: If advised by your attorney, proceed with filing a wrongful death claim. This legal action seeks compensation for the survivors' loss, such as lost wages from the deceased, lost companionship, and funeral expenses.

• Stay Informed and Involved: Throughout the legal process, stay informed about the progress of your case and be involved in the decision-making process. Communication with your attorney is key to understanding each phase of the lawsuit and the decisions that will affect the outcome.

• Prepare for Settlement or Trial: Many wrongful death cases settle out of court, but some go to trial. Be prepared for either scenario. Your attorney will negotiate settlements on your behalf and will represent you in court if necessary.

In Oklahoma, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's death. This means you must file a lawsuit within two years after your family member's death to seek compensation for wrongful death. In some cases, it may need to be filed sooner.

No, wrongful death claims typically cannot be filed separately by multiple family members. Instead, a single claim is filed on behalf of all eligible survivors. In Oklahoma, the personal representative of the deceased's estate usually files the claim. This representative acts on behalf of all beneficiaries, which can include the spouse, children, parents, or other dependents of the deceased. The compensation awarded is then distributed among the eligible family members according to the will or the state's succession laws.

The duration of a wrongful death lawsuit can vary widely depending on several factors, including the complexity of the case, the clarity of facts, the amount of evidence, the cooperation of the parties involved, and the court's schedule. 

Typically, a wrongful death lawsuit could take anywhere from several months to several years. Simple cases might settle out of court within a few months, whereas cases that go to trial could take several years to reach a resolution.

A wrongful death claim is a civil lawsuit that seeks compensation for the death of a person due to the negligence or wrongful act of another. It is filed by the victim's survivors or estate and requires proving liability based on a preponderance of the evidence (which means it is more likely than not that the defendant was responsible).

A criminal homicide case, on the other hand, is brought by the state against an individual accused of unlawfully causing someone's death. This can include charges such as manslaughter or murder. The burden of proof is higher in criminal cases, requiring proof beyond a reasonable doubt. A criminal case aims to penalize the wrongdoer with punishments like imprisonment, not to provide compensation to the victim's family.

The most important types of evidence in a wrongful death lawsuit typically include:

• Medical records and autopsy reports to establish the cause of death.
• Witness statements that can corroborate how the incident occurred and who was at fault.
• Expert testimony, including from accident reconstruction specialists, medical experts, and financial analysts, to demonstrate the circumstances of the death and its financial impact on the deceased's family.
• Photographs and video evidence from the scene of the incident.
• Police and accident reports that provide details from the investigation following the incident.

This evidence is used to establish the defendant's liability, the extent of damages, and the connection between the defendant’s actions and the death of the victim.