Tulsa Wrongful Death Attorney

Understanding Wrongful Death Laws in Oklahoma

If you have recently lost a loved one, our team at Brewster & De Angelis extends our deepest and most sincere condolences. We know there is nothing more difficult than losing someone you love, especially when their death was the result of an avoidable incident.

If your family member died as a result of someone else’s negligent, reckless, or wrongful conduct, you may be entitled to sue the liable party for damages. Our Tulsa wrongful death attorneys are here to provide the personal attention and support you need during this difficult time. We believe that you and your family deserve justice, and we are prepared to fight tirelessly for the full and fair compensation you are owed. While no amount of financial recovery can undo the trauma of your loss, a just settlement or verdict can provide the monetary resources you need to heal.

At Brewster & De Angelis, we know that filing a wrongful death claim may be the furthest thing from your mind when you have lost a husband, wife, parent, child, or loved one. Nonetheless, we want you to know that we have helped many other people in cases similar to yours find their way through the dark days that come after a sudden and tragic death. Our team is ready to help you, too.

If you would like to discuss your legal options with an attorney at our firm, please call (918) 742-2021 or contact us online. There is no cost and no obligation for your initial consultation with our Tulsa wrongful death attorneys. 

When Is Someone’s Death Considered “Wrongful?”

The state of Oklahoma defines “wrongful death” as the death of an individual resulting from “the wrongful act or omission of another.” Generally speaking, if the person who died (referred to as the “decedent” in these cases) would have had legal grounds to file a personal injury claim had they lived, their death is considered “wrongful.”

Wrongful death claims often arise from the following incidents:

• Car, truck, motorcycle, and other motor vehicle accidents
• Pedestrian-vehicle and bicycle-vehicle collisions
• Construction and industrial accidents
• Workplace accidents, including falls, work-related vehicle accidents, and more
• Unsafe premises, slip and falls, and other property-related accidents
• Defective and/or dangerous products
• Medical malpractice, including birth injuries, diagnostic errors, and medication mistakes
• Criminal acts, violence, and intentional infliction of injury and/or death

Although wrongful death claims can arise from criminal conduct, including instances of homicide and murder, it is important to distinguish these claims from criminal cases. The purpose of a civil wrongful death action is to recover monetary compensation for specific losses (known as “damages”) suffered by the decedent’s estate and/or dependents and heirs. These claims are separate from criminal proceedings, although a conviction can serve as powerful evidence in a civil wrongful death case. However, the outcome of a criminal case does not necessarily affect the outcome of a wrongful death lawsuit.

Who Can File a Wrongful Death Claim in Oklahoma?

In Oklahoma, only the personal representative of the decedent’s estate can file a wrongful death claim. If the decedent had a will when they died, the personal representative will likely be named in the will. If the decedent died without a will, the court will appoint a personal representative for the estate.

Although the personal representative must be the one to initiate the wrongful death action, these cases are typically brought on behalf of the decedent’s surviving dependents and heirs. This includes surviving spouses, children, parents, and others who can prove that they are entitled to inherit via intestate succession or were dependent on the decedent in life.

What Damages Can Be Recovered in a Wrongful Death Case?

Oklahoma law allows eligible individuals to recover certain losses, or “damages,” in wrongful death cases. The exact type and amount of damages you can recover will depend on the specific details of your case.

Generally speaking, plaintiffs can recover the following damages in Oklahoma wrongful death cases:

• Medical expenses associated with the decedent’s final medical care
• Funeral/burial expenses
• Pain and suffering consciously suffered by the decedent
• Loss of income, wages, and benefits the decedent would have earned or provided
• Grief and loss of consortium experienced by a surviving spouse
• Grief and loss of companionship experienced by the decedent’s surviving child or parent

Additionally, if the decedent was an unmarried, not emancipated minor, the surviving parent(s) or guardian(s) can recover the following additional damages:

• Loss of companionship, love, and the parent-child relationship
• Loss of anticipated support or services the child would have likely provided
• Expenses related to the child’s care, education, and support paid by the parent(s) or guardian(s)

In some cases, it may be possible to pursue punitive damages in addition to the compensatory damages listed above. Punitive damages are meant to punish the liable party and are typically only available in cases involving egregious negligence, willful or wanton misconduct, or intentional infliction of injury/intent to cause injury, harm, or death.

Consideration of damages extends beyond immediate financial compensation. It involves an understanding of how loss affects emotional stability, long-term financial security, and quality of life. Legal strategy will often involve a comprehensive evaluation that encapsulates future uncertainties and losses, providing a holistic compensation approach.

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

Like every other state, Oklahoma has a statute of limitations on wrongful death cases. This means you only have a certain amount of time to file a wrongful death lawsuit; if you miss the filing deadline, you will almost certainly lose your right to sue the liable party for damages, and you won’t be able to recover any compensation for your losses.

The statute of limitations on wrongful death cases in Oklahoma is two years from the date of death.

We encourage you to reach out to our team as soon as possible after the tragic loss of your loved one. The sooner you contact our Tulsa wrongful death attorneys, the sooner we can begin investigating your claim and putting together a personalized legal strategy tailored to your unique situation.

Understanding the Emotional & Financial Impact of Wrongful Death

The loss of a loved one is an incredibly difficult experience, and when that loss is due to someone else’s negligence, the emotional toll can be even more profound. At Brewster & De Angelis, we understand that navigating the aftermath of a wrongful death can be overwhelming. Our compassionate team is here to support you through this challenging time, ensuring you have the resources and guidance you need.

In addition to the emotional distress, families often face significant financial burdens following a wrongful death. This can include funeral expenses, medical bills, and the loss of income that the deceased would have provided. Understanding these impacts is crucial when considering a wrongful death claim, as it can help you seek the compensation necessary to rebuild your life with the help of a wrongful death lawyer in Tulsa.

Key considerations include:

• Emotional Support: We offer not only legal representation but also access to support services that can help you cope with your loss.
• Financial Analysis: Our attorneys can help you understand the full scope of financial losses, including future earnings and benefits that may have been lost.
• Legal Guidance: We will walk you through the legal process, ensuring you understand your rights and options every step of the way.
• Personalized Attention: Every case is unique, and we tailor our approach to meet your specific needs and circumstances.

At Brewster & De Angelis, we are committed to fighting for justice on behalf of your loved one. Let us help you navigate this difficult journey with compassion and insight.

How Brewster & De Angelis Can Help You & Your Family

Knowing that your loved one’s death could have—and should have—been prevented can make the healing process that much more difficult. But by seeking justice, you can hold the liable party accountable and help ensure that similar tragedies do not occur to others in the future.

Brewster & De Angelis is ready to assist you with every aspect of your legal claim: 

• We work with expert witnesses, accident reconstructionists, medical professionals, and other specialists who help us gather evidence
• Obtain expert testimony
• Put together powerful cases for our clients

Our team can handle all communication with the liable party and/or insurance company so that you can focus on healing and spending time with your family. We have decades of experience and are prepared to represent you in the courtroom if necessary.

There is no obligation when you speak to our team during a free consultation, and you will not pay anything out of pocket when you hire our firm. Instead, we only collect attorney fees if/when we recover compensation for you. If we do not obtain a settlement or verdict on your behalf, you do not pay a dime.

Let us fight for the justice you and your family deserve. Call (918) 742-2021 or contact us online for a free consultation today with our Tulsa wrongful death lawyers.

FAQs About Wrongful Death Claims in Tulsa

What Are the Initial Steps to Take After a Wrongful Death?

In the immediate aftermath of a wrongful death, it is essential to process your emotions and begin considering formal steps at a suitable time. Initial steps should include contacting an experienced attorney to assess potential legal avenues and ensure compliance with statutory timelines. It’s vital to gather and preserve any available evidence, including documents and witnesses, and seek counsel as early as possible to preserve the integrity of evidence and align legal strategies effectively.

Can Criminal Charges Affect a Wrongful Death Claim?

While a wrongful death claim is separate from criminal proceedings, the outcomes of a criminal trial can influence civil claims. A criminal conviction could bolster a wrongful death claim, providing powerful evidence of negligence or misconduct. Conversely, an acquittal in a criminal case does not preclude a successful wrongful death claim, as the standards of proof differ between criminal and civil proceedings.

What Role Do Insurance Companies Play in Wrongful Death Claims?

Insurance companies often play a critical role in wrongful death claims, primarily in providing compensation through policies held by the liable party. Dealing with insurance companies can be complex, as they may seek to minimize payout amounts. Engaging with experienced attorneys ensures that dialogues with insurers are conducted professionally, safeguarding against undervaluation and ensuring that claims are addressed comprehensively and appropriately.