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Oklahoma City Wrongful Death Attorneys
Lawyers providing compassionate assistance to grieving families
A wrongful death claim in Oklahoma allows certain surviving family members to seek compensation when a loved one dies because of someone else’s negligence or wrongful conduct. In Oklahoma City, these cases often arise after fatal crashes on roads like I-35, I-40, I-44, Broadway Extension, and the Kilpatrick Turnpike, as well as from unsafe property conditions, workplace accidents, medical negligence, and other preventable tragedies.
If you lost a loved one because of another person’s actions, you may be able to recover compensation for your losses.
At Cunningham & Mears, our Oklahoma City personal injury attorneys are dedicated to helping you recover the maximum compensation when a loved one dies, so you do not have to worry about the financial implications of your loss.
Our trial lawyers have more than a century of combined experience. We are respected by clients, insurance companies, and defense counsel for our strong record of success in arguing cases before juries and negotiating settlements with insurance carriers. Call our team today to schedule your free initial consultation.
Key takeaways
- A wrongful death claim in Oklahoma allows surviving loved ones to obtain compensation when a loved one’s life is lost due to someone else’s negligence or wrongdoing.
- These cases commonly stem from accidents on busy roads like I-35, I-40, or I-44, as well as unsafe property conditions, defective products, or medical mistakes throughout Oklahoma City.
- Damages in wrongful death cases can be recovered and often include funeral costs, medical bills, lost wages, loss of financial support, grief, loss of companionship, and more, providing critical financial help to the family.
- The claim is filed by the deceased person's personal representative and benefits the surviving spouse, children, parents (in some cases), and the estate, as provided under Oklahoma law.
- There is a two-year deadline for families to file their wrongful death lawsuit in Oklahoma.
- Liability can fall on negligent drivers, companies, product manufacturers, property owners, or healthcare providers - whoever’s actions directly caused the death.
- At Cunningham & Mears, our experienced attorneys focus on maximizing your compensation and advocating for you in and out of court, handling the difficult legal details so your family can focus on healing.
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Table of contents
- What is a wrongful death claim?
- Who can file a wrongful death claim in Oklahoma City?
- How long do I have to file a wrongful death lawsuit in Oklahoma?
- What should I do after a wrongful death in Oklahoma City?
- How do you prove a wrongful death case in Oklahoma?
- Who can be held liable in an Oklahoma City wrongful death claim?
- What damages can you recover in an Oklahoma wrongful death case?
- What are the common causes of wrongful death claims?
- What’s the difference between a wrongful death claim and a personal injury claim?
- Why you should work with Cunningham & Mears for your wrongful death claim
- Frequently asked questions
- Do you have a wrongful death lawyer near me?
What is a wrongful death claim?
A wrongful death claim in Oklahoma is a legal action brought when someone dies as the result of another party’s careless, negligent, or intentional actions. For example, this could include death from a car accident, truck accident, slip and fall, medical negligence, or an intentional action, like murder. The purpose of such a claim is to seek compensation for the survivors for losses connected to the person’s death. Filing a wrongful death claim allows the family to hold the at-fault parties accountable and helps cover financial hardships caused by this devastating loss.
Who can file a wrongful death claim in Oklahoma City?
Generally, the victim's personal representative files the claim on behalf of the heirs. If the victim of a fatal accident had a will, that document should identify the beneficiaries. If the deceased person did not have a will, then the intestate laws of Oklahoma determine who the heirs are.
How long do I have to file a wrongful death lawsuit in Oklahoma?
The legal time limit, also called the statute of limitations, for filing a wrongful death claim in Oklahoma is two years. If the lawsuit is not filed within the two-year legal deadline, the family may lose their eligibility to pursue compensation for their untimely loss. Families should contact us as soon as possible, as a prompt investigation can make a significant difference in the outcome of your claim.
What should I do after a wrongful death in Oklahoma City?
It's really hard to lose a loved one suddenly in Oklahoma City, and it's common to be unclear about what to do next. Taking the appropriate steps early on will help to safeguard your family's rights and make the legal process a little bit easier later on.
- Step 1: Death certificate: As soon as you can, ask for an official death certificate. You will need this document for the legal process.
- Step 2: Preserve evidence: Keep all medical records, accident reports, crash investigations, or workplace incident reports that are related to the death of your loved one.
- Step 3: Speak with a lawyer: Talk to an Oklahoma City wrongful death lawyer before you provide insurance adjusters any information or make any statements. This will help you avoid saying anything that could jeopardize your family's case.
- Step 4: Determine personal representative: Determine who the court acknowledges as the personal representative. They are the person who can start a wrongful death claim.
- Step 5: Save all bills: Keep all the receipts and documents for funeral and burial costs.
- Step 6: Collect income information: Collect employment information and income statements if your loved one was helping provide financially for your household.
Though nothing can take away your grief, reaching out for help and staying organized can make it easier to handle this type of claim.
How do you prove a wrongful death case in Oklahoma?
To prove a wrongful death case in Oklahoma, you must show that someone else’s negligent, reckless, or intentional actions directly caused your loved one’s death. This is done by presenting clear evidence such as:
- Accident reports
- Expert analysis
- Witness statements
- Medical records
- Video or photos of the event
- Black box data
You’ll also need to show the damages you’ve experienced, such as funeral expenses, lost income, and emotional loss, that the family or estate has suffered as a result of the death.
When you work with a wrongful death lawyer with a lot of experience, they can help you collect and organize this evidence more easily and increase your chances of getting a fair outcome.
Who can be held liable in an Oklahoma City wrongful death claim?
Depending on what caused your loved one's death, different people or entities may be held legally accountable in an Oklahoma City wrongful death claim.
Negligent drivers
If your loved one lost their life in a car accident, the party that caused or contributed to the accident may be held liable, depending on the evidence and comparative fault. This is often a driver who was texting and driving or driving under the influence.
Employers
It’s also possible for an employer to be responsible for your loved one’s death if their employee caused a fatal crash while they were performing work duties. An employer could also be liable if they were negligent in their hiring or training practices.
Product manufacturers
If a defective product (such as a faulty car part, machinery, medicine, or safety device) was involved, the manufacturer, seller, or designer may be legally responsible.
Property owners
If your loved one loses their life because a property owner left their property in a dangerous condition and didn’t provide adequate warning about the dangers, they may be legally liable.
Healthcare providers
A doctor, nurse, hospital, or other healthcare provider may be responsible for the loss of your loved one if their behavior fell below the expected standard of care.
A wrongful death attorney in Oklahoma City can examine all possible sources of negligence and fight for justice and financial support for your family.
What damages can you recover in an Oklahoma wrongful death case?
There are many different types of damages loved ones may be entitled to under Oklahoma’s wrongful death statute. This typically includes some or all of the following:
Economic damages
Economic damages are the losses you experience that can be calculated with actual receipts and other documentation. This usually includes:
- Final medical expenses for care provided to the deceased before passing, such as emergency treatment, hospital stays, ambulance fees, or specialist bills.
- Funeral and burial costs, which can include basic burial expenses, headstones, and any service-related costs linked to saying goodbye.
- Lost wages and income the deceased would have earned in their lifetime.
- The family’s loss of benefits, such as health insurance or retirement contributions.
- Loss of the value of household services, such as cooking, cleaning, child care, or property maintenance.
Non-economic damages
Non-economic damages are about the losses you suffer that don’t have an objective monetary price. Common ones are:
- Pain and suffering experienced by the deceased between injury and death, if there was any time between the incident and their passing.
- Emotional suffering and grief damages for statutorily eligible beneficiaries, such as the surviving spouse, children, or parents, as allowed under Oklahoma law.
- Loss of consortium for a surviving spouse, which is essentially the loss of relationship, affection, comfort, and partnership due to the death.
- Loss of companionship, care, and parental supervision, particularly for surviving children or dependents who are now lacking the emotional support, discipline, or involvement that a parent offers.
Punitive damages
Punitive damages are meant to punish especially bad behavior and send a message to others not to act the same way. They may be available in limited Oklahoma wrongful death cases involving especially reckless or intentional misconduct, but they are governed by Oklahoma law and depend on the evidence and findings in each case.
Calculating damages in a wrongful death claim in Oklahoma goes well beyond simply “putting a price” on someone’s life. It’s a thoughtful, step-by-step process that tries to financially support families who are now missing both the person and the important contributions that person made to their lives.
An Oklahoma City wrongful death lawyer will guide you through the process and make sure that you recover fair compensation for your loss.
What are the common causes of wrongful death claims?
In Oklahoma City, wrongful death claims often arise from fatal crashes on I-35, I-40, I-44, Broadway Extension, Lake Hefner Parkway, and the Kilpatrick Turnpike, as well as dangerous intersections, construction zones, and unsafe commercial properties throughout OKC. At Cunningham & Mears, we help with a variety of fatal accidents, often including:
What’s the difference between a wrongful death claim and a personal injury claim?
A personal injury claim is filed by someone who has been injured in an accident to recover compensation for their own medical bills, lost wages, pain and suffering, and other related losses. A wrongful death claim is brought by family members or the estate after a person has died because of someone else’s negligence or misconduct.
Instead of covering the injured person’s losses, a wrongful death claim is primarily designed to compensate their loved ones for their funeral expenses, loss of financial support, and the emotional impact of the loss.
Why you should work with Cunningham & Mears for your wrongful death claim
There are several unique considerations involved with wrongful death claims. Rest assured that our Oklahoma City wrongful death lawyers understand these challenges. We understand:
How a criminal case affects your civil case
Often, but not always, the government will file a criminal case against the people or businesses that caused the death of your loved one. A common example is when a drunk driver causes a fatal accident. You have the right to hold the driver liable through a wrongful death claim.
The government may also file a drunk driving charge against the driver if the driver’s blood alcohol content was .08 or higher or if the driver was otherwise under the influence of alcohol when the accident occurred.
The driver could also be charged with more serious crimes, such as negligent homicide or manslaughter. Normally, the government’s case proceeds first, but criminal and civil cases may proceed at the same time. A criminal conviction can support a civil claim, but it is not required to pursue wrongful death damages.
How to prove liability when loved ones cannot speak for themselves
There are specific rules of evidence that determine what statements, if any, your loved one made before they died can be admitted and what statements of any defendants can (or can’t) be admitted. Normally, we work to introduce other witnesses and other types of evidence to show that the defendants caused your loved one’s death.
How to determine the damages when a loved one dies
We work with financial professionals who understand how to determine the life expectancy of your loved one, how much they would have earned if the accident had not occurred, and other financial issues. We meet with the family members to understand and explain to insurance companies and juries just how devastating the loss of your relative is.
Frequently asked questions
Who can sue for wrongful death in Oklahoma?
In Oklahoma, the only person who can actually initiate the wrongful death lawsuit is the personal representative. However, the lawsuit is to benefit the surviving spouse, children, next of kin, and/or the estate, depending on the family structure and the damages involved.
Who is the personal representative in a wrongful death claim in Oklahoma?
A personal representative is usually appointed by the deceased in their estate plan or appointed by the court. It’s often a close friend or family member of the person you lost.
How much is a wrongful death case worth in Oklahoma?
All wrongful death cases are unique, so it's hard to say exactly how much one would be worth. Several factors will be considered, including the decedent's age, their income, their likely future income, and the defendant's behavior. To learn more about what your case might be worth, speak with the wrongful death lawyer in Oklahoma City as soon as possible.
What is the difference between wrongful death and a survival action?
A wrongful death claim seeks compensation for the family’s losses caused by the death, such as grief, loss of companionship, and financial support. A survival-type claim or related estate damages can involve losses the deceased person suffered before death, such as medical bills or pain and suffering.
Can criminal charges and a wrongful death case happen at the same time?
Criminal charges and a wrongful death case can happen at the same time, but they are not connected in court or in your lawsuit. Even if criminal charges aren't filed, you can still file a wrongful death lawsuit.
What kind of proof is needed for a wrongful death case?
You need evidence showing that someone else’s behavior was the cause of your loved one’s death and that damages were incurred as a result. Evidence generally includes photos of the accident scene, witness statements, medical records, income documents, video footage, electronic data, and anything else that can be used to prove the cause of death or the extent of your losses.
Do I need a lawyer for a wrongful death claim?
There’s no requirement that you hire a lawyer, but wrongful death cases are often complicated and have significant emotional and financial implications. A lawyer with experience can take care of the legal intricacies, talk to insurance companies, and help your family collect the maximum amount of money you deserve. It's always best to talk to a lawyer as soon as you can.
Do you have a wrongful death lawyer near me?
Cunningham & Mears has two offices located in Oklahoma City. Our first is located at 5104 N Francis Ave., Suite 102, Oklahoma City, located just a 4-minute drive from Penn Square Mall, with plenty of parking and easy access to the office. Our second is located at 9428 Westgate, Suite 102B, in the Brookhaven West part of Oklahoma City, just a short walk from Resurrection Cemetery and off the Northwest Expressway.
We represent families throughout Oklahoma City, OKC metro communities, and surrounding areas, including people dealing with fatal crashes, unsafe property incidents, and workplace deaths.
Seek the assistance of a caring wrongful death lawyer in Oklahoma
If you lost a loved one because of an accident caused by the negligence of another person, you need an experienced Oklahoma wrongful death lawyer to help you obtain your rightful compensation. At Cunningham & Mears, our attorneys strive to maximize your recovery by thoroughly investigating the accident and fully preparing your case, whether we are negotiating with insurance companies or trying your case in court. To learn more about our wrongful death representation, contact us online or call now for a free initial consultation.
