Oklahoma City Wrongful Death Lawyer

An Oklahoma City wrongful death lawyer works to help your family find answers and justice after an unthinkable loss. When a loved one’s death is caused by someone else’s negligence or wrongdoing, the pain is overwhelming, and the questions feel endless. In these moments, you need more than sympathy; you need a fierce advocate who can shoulder the legal fight while you focus on what matters most. 

At DM Injury Law, we understand the weight your family carries. Our attorneys work relentlessly to hold responsible parties accountable and secure fair compensation for families like yours. We don’t settle for less, and neither should you. We fight for your future so you can focus on honoring your loved one and beginning the path toward healing.

Contact DM Injury Law for a free, confidential consultation. We’re available 24/7 and don’t get paid unless we win for you.

Key Takeaways

• Oklahoma law provides a two-year statute of limitations from the date of death to file wrongful death claims, making prompt legal action critical for preserving your family’s rights.
• Only the personal representative of the deceased’s estate may file a wrongful death lawsuit in Oklahoma, typically a surviving spouse, parent, or adult child acting on behalf of all eligible beneficiaries.
• Wrongful death damages in Oklahoma may include both economic losses (medical bills, funeral costs, lost income) and non-economic damages (loss of companionship, emotional distress, pain and suffering).
• Oklahoma follows modified comparative negligence rules, allowing recovery if the deceased was less than 51% at fault for the incident, though damages are reduced proportionally based on fault percentage.
• Wrongful death civil lawsuits operate separately from criminal charges, with a lower burden of proof (“preponderance of evidence” vs. “beyond a reasonable doubt”) and focus on financial compensation rather than punishment.

Our Case Results

You deserve experienced advocates to fight for the justice your family is owed. Here are some successful case results involving wrongful death:

• $11,000,000: Our client’s son was killed when the at-fault driver fell asleep at the wheel and hit him.
• $4,850,000: A member of our client’s family was electrocuted and killed at work.
• $4,200,000: Our client was killed while assisting with a broken-down car on the side of the highway.

Understanding Wrongful Death Claims in Oklahoma

A wrongful death claim allows specific family members to seek financial recovery when another person’s actions – or failure to act – directly cause a death. Oklahoma law governs these cases, clearly outlining who may file, what types of damages families may seek, and the strict time limits for taking action.

Under Oklahoma Statutes §12-1053, wrongful death claims may stem from various tragic incidents. These include fatal car accidents, medical malpractice, dangerous workplace incidents, unsafe property conditions, or even criminal acts. The law empowers the deceased victim’s surviving relatives to step forward and demand accountability from those responsible.

Who May File a Wrongful Death Lawsuit in Oklahoma?

Not everyone has the legal standing to bring a wrongful death lawsuit or receive compensation for the loss of a loved one. 

In Oklahoma, the personal representative of the deceased’s estate files the claim. This individual is often a close family member, such as a surviving spouse, a parent, or an adult child. This personal representative acts on behalf of all eligible beneficiaries. 

Courts in Oklahoma City typically recognize a surviving spouse or children, parents (if the deceased had no spouse or children), and certain dependent relatives in specific situations as potential beneficiaries who may recover damages. 

Common Causes of Wrongful Death in Oklahoma City

Wrongful death claims arise from a wide range of heartbreaking incidents. Our community in Oklahoma City tragically sees cases involving:

• Car accidents
• Medical negligence
• Unsafe properties or businesses (premises liability)
• Workplace accidents
• Defective products
• Dram shop & bar liability
• Truck accidents
• Motorcycle accidents
• Electrocution & electrical injuries
• Amusement park & fair accidents
• Toxic exposure & environmental Claims

Our Oklahoma wrongful death attorney team has the experience to investigate these diverse causes and put together a strong wrongful death claim. 

What Damages May You Recover in an Oklahoma Wrongful Death Claim?

Families pursuing a wrongful death lawsuit in Oklahoma City may seek compensation for both economic and non-economic losses. Oklahoma law allows for recovery of various damages, aiming to provide financial relief and acknowledge the profound impact of your loss.

Recoverable damages could include:

• Medical Bills: Costs directly related to the fatal injury and any emergency care received before death.
• Funeral and Burial Expenses: The reasonable costs associated with the funeral, cremation, or burial of your loved one.
• Lost Income: The financial support and income the deceased would have provided to their family had they lived. This may involve calculating future earning potential.
• Loss of Companionship and Guidance: Compensation for the emotional support, care, love, affection, comfort, and guidance the deceased provided to their family.
• Emotional Distress: The profound grief, suffering, and mental anguish experienced by surviving family members due to the loss.
• Loss of Inheritance: In some cases, families may recover for the loss of an expected inheritance.
• Pain and Suffering of the Deceased: While the deceased is no longer with us, Oklahoma law may allow recovery for the pain and suffering they experienced between the time of injury and death.

Generally, there is no cap on damages in Oklahoma. However, there is a cap on non-economic damages for medical malpractice cases. 

In rare and extreme cases, Oklahoma courts may also award punitive damages. These damages do not aim to compensate the family for their loss but rather to punish the responsible party for particularly reckless, malicious, or intentional conduct, hoping to deter future similar behavior. 

How Long Do You Have to File a Wrongful Death Claim in Oklahoma?

Oklahoma law sets strict deadlines, known as statutes of limitations, for filing wrongful death claims. According to OK Stat § 12-1053, you have 2 years from the date of the death to file a wrongful death lawsuit. This deadline applies to most wrongful death cases arising from negligence.

Missing this crucial deadline may permanently bar your family from pursuing any financial recovery, regardless of the strength of your case. The complexities of wrongful death cases mean that initiating action quickly protects your legal rights. 

Your case and the laws that apply can be influenced by its unique details. Speaking with a wrongful death attorney in Oklahoma City as soon as possible after your loss allows them time to investigate, preserve evidence, and file a timely claim. 

Why Families Turn to DM Injury Law After Tragedy

DM Injury Law has earned a strong reputation for aggressive advocacy and empathetic client support. We know that grieving families need more than just legal paperwork; they need a law firm prepared to fight relentlessly for accountability while respecting their immense grief. 

Our firm could provide these significant benefits for your wrongful death claim:

• Bold Trial Readiness: From day one, we prepare each wrongful death case as if it will proceed to a jury trial. This aggressive stance can encourage opposing parties to offer fair settlements, but if not, we are ready for the courtroom.
• Extensive Experience: Our attorneys and support staff of investigators, case managers, and medical records specialists have successfully handled complex personal injury and wrongful death claims in Oklahoma courts. We understand the local legal community, including the nuances of Oklahoma County and the surrounding county judicial systems.
• Personal Commitment: We prioritize clear communication and compassionate guidance at each stage of the legal process. Your healing journey is a priority, and we keep you informed without adding to your burden.
• Unwavering Dedication: We are relentless in our pursuit of a fair financial recovery for your family. We take time to determine your losses, thoroughly build your claim, and fiercely negotiate. When necessary, we advocate for you during trial, presenting your losses to a judge or jury.  

Our unwavering commitment to our clients is evident in the cases we handle. We have a proven track record of recovering fair settlements and verdicts for our clients, getting them the compensation they need and justice for the harm they have suffered. 

The Legal Process for Wrongful Death Claims in Oklahoma City

Filing a wrongful death claim involves several critical steps. DM Injury Law takes on this legal burden, allowing grieving families to focus on healing and remembrance.

The process typically includes:

• Thorough Investigation: Our team immediately begins gathering crucial evidence. This can include accident reports, medical records, eyewitness statements, expert testimony, and any other documentation that supports your claim. For example, if your loved one was lost in a car accident near Bricktown, we meticulously collect traffic camera footage or police reports from the Oklahoma City Police Department.
• Filing the Lawsuit: We carefully prepare and file the necessary legal documents with the appropriate Oklahoma court, strictly complying with state statutes and deadlines. This formalizes your pursuit of justice and secures your right to recover compensation.
• Discovery Phase: Both sides exchange information and evidence. We may depose witnesses, request documents, and engage experts when necessary to strengthen your case.
• Negotiation and Litigation: Our primary goal is to secure a fair settlement that compensates your family. We engage in aggressive negotiations with insurance companies and defense attorneys. If talks do not yield a just result, we are prepared to take your case to trial, fighting for your rights before a judge or jury.

This entire process may feel overwhelming, but our team handles the legal legwork. We shoulder this burden so your family can concentrate on healing.

How Wrongful Death Differs from Criminal Charges

Families sometimes ask about the distinction between a wrongful death lawsuit and criminal charges, such as homicide. It is important to understand the differences between these two and what they mean for you, your family, and your case. 

In criminal cases, the state brings charges against an individual to punish them for a crime. The victims of the crime, such as family members of the deceased, do not. The goal is to enforce Oklahoma criminal laws and penalize the wrongdoer. The burden of proof in criminal cases is “beyond a reasonable doubt,” and the state (prosecutor) must meet this burden for a defendant to be found guilty. 

Wrongful death claims, conversely, are civil lawsuits filed by the deceased’s family to seek financial compensation for their losses. The state of Oklahoma is not the plaintiff in these types of claims. The purpose is to provide the family with monetary recovery for their losses. The burden of proof in civil cases is “preponderance of the evidence,” which is a lower standard than in criminal cases. 

Both actions may happen concurrently, but one does not replace the other. While a criminal conviction could potentially help your civil case, it is not a requirement to seek wrongful death damages.

How Much Does It Cost to Hire an Oklahoma City Wrongful Death Lawyer?

Grieving families should not have to worry about the cost of legal help during such a traumatic time. DM Injury Law works on a contingency fee basis. This means you pay no upfront fees for our services. We only collect attorney fees if and when we successfully secure compensation for you. 

This “no win, no fee” promise means that every family has access to experienced and aggressive legal representation regardless of their current financial situation. Your focus should remain on your family’s well-being, not legal bills.

FAQ for Oklahoma City Wrongful Death Lawyers

What Qualifies as a Wrongful Death Case in Oklahoma?

A wrongful death case arises when someone’s negligence, recklessness, or intentional act directly causes another person’s death. This may include fatal car accidents, unsafe property conditions, medical errors, or other preventable fatalities.

How Long Do I Have to File a Wrongful Death Lawsuit in Oklahoma?

Oklahoma law generally sets a statute of limitations of two years from the date of the loved one’s death to file a wrongful death claim. Missing this critical deadline could prevent your family from recovering any compensation.

Who Can File a Wrongful Death Claim in Oklahoma City?

The personal representative of the deceased’s estate files the claim on behalf of eligible beneficiaries. This representative is typically a close family member such as a spouse, parent, or adult child.

What Is the Difference between Wrongful Death and Homicide in Oklahoma?

Homicide is a criminal charge brought by the state to enforce the law. If the defendant is found guilty beyond a reasonable doubt, they may face punishments such as imprisonment and fines. Wrongful death is a civil lawsuit filed by the family to seek financial compensation for their losses. Both may stem from the same event but serve different legal purposes.

Can I Still File a Wrongful Death Claim if My Loved One Was Partially at Fault?

Oklahoma follows a modified comparative negligence rule. As described under Oklahoma Statute § 23- 13, if your loved one was found to be 51% or more at fault for the incident, you may not recover damages. However, if their fault was 50% or less, your recoverable damages may decrease proportionally. An attorney may help assess your specific situation and address issues of fault in your case.

Will My Wrongful Death Case Go to Trial?

While DM Injury Law prepares each case for trial, many wrongful death claims are resolved through settlements outside of court. Our aggressive negotiation tactics may lead to favorable outcomes without the need for a trial, but we are always ready to fight for you in court if necessary.

Stand Up for Your Loved One Today

If you lost a cherished loved one due to someone else’s negligence or misconduct, you do not have to endure the complex legal process alone. Our dedicated Oklahoma City wrongful death lawyers stand ready to investigate your loved one’s death, meticulously build a compelling case, and fight for justice for your family.

Contact DM Injury Law today at (405) 900-9000 for a free, confidential consultation. Our team is available 24/7 to listen to your story and discuss your legal options. 

Remember, there are no upfront fees, and we only get paid if we win. Let our battle-tested team stand by your side and secure compensation for your family.

Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.