The loss of a loved one to another party’s misconduct is one of the most devastating experiences anyone can face. Grief, confusion, and financial strain can all strike at once, leaving you uncertain about what to do next. At Cain Law, we understand what you’re going through, and we’re here to support you.
If someone else’s wrongful actions or inaction caused your loved one’s death, our team can help you seek the accountability and financial recovery available to you under Oklahoma law. Contact us today for a free consultation with a Tulsa wrongful death lawyer.
Why Trust Cain Law with Your Tulsa Wrongful Death Case?
The team at Cain Law has recovered over $250 million* for Oklahoma clients, including multiple seven-figure wrongful death settlements. Our attorneys bring more than 100 years of collective experience to every case we handle, and we approach each one as though it will go to trial because we know that level of preparation makes a difference.
We’re available to take your call 24/7. If you can’t come to our office, we’re happy to visit you at home, in the hospital, or wherever works best for you. There’s no charge for an initial consultation, and there are no attorney’s fees unless we recover compensation for you.
Here’s what former client Cameron B. had to say about working with us:
“Cameron Torres, Mia, & the rest of the staff that handled my case were wonderful. I greatly appreciate their hard work & attention to detail!”
When you work with Cain Law, our team can:
- Launch an immediate investigation: Our rapid-response team can get to work right away to gather and preserve the evidence your case will depend on.
- Handle all the legal details: We can complete all claims forms by the relevant filing deadlines and manage every aspect of your case so you can focus on honoring your loved one’s memory.
- Connect you with the experts: If necessary, we can retain top medical and vocational experts to fully assess your family’s losses and future needs.
- Fight for full and fair compensation: We negotiate aggressively with insurance companies for fair settlements, but won’t hesitate to file a wrongful death lawsuit and take your case to court to push for the best possible outcome.
What Is a Wrongful Death Claim in Oklahoma?
A wrongful death claim is a civil legal action that certain family members or representatives of the deceased can bring when another party’s wrongful act or omission causes someone’s death. Under Oklahoma law, a Tulsa wrongful death claim exists if the deceased person would have had the right to file a personal injury claim had they survived.
It’s worth noting that a wrongful death case is separate from any criminal proceedings that may arise from the same incident. The purpose of a wrongful death claim is to seek monetary compensation for the surviving family’s losses rather than to punish the responsible party through penalties like fines and jail time. However, both types of cases can proceed at the same time, and families can pursue wrongful death claims even if at-fault parties are never charged or convicted in a criminal court.
When a Fatal Accident May Become a Wrongful Death Claim in Tulsa
Not every death counts as a wrongful death under Oklahoma law. Wrongful death claims can arise any time that another party’s negligence, recklessness, or wrongful act causes another person’s death.
In Tulsa, wrongful death claims commonly stem from incidents involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Workplace incidents
- Unsafe property conditions
- Product defects
- Acts of violence
If you’re unsure whether the circumstances of your loved one’s death support a claim, a wrongful death attorney in Tulsa can review the facts and help you explore your legal options.
Who Can File a Wrongful Death Claim in Oklahoma?
The personal representative of the deceased person’s estate typically brings a wrongful death claim in Oklahoma. If the deceased was an Oklahoma resident and the court has not appointed a personal representative for their estate, state law allows the surviving spouse to file the claim. If there’s no surviving spouse, the deceased’s next of kin may file.
For the wrongful death of an unmarried, unemancipated minor child, the child’s parents or guardians may pursue a claim. These parties can seek compensation for losses such as:
- Final medical and burial expenses
- Loss of the child’s anticipated services and support
- Loss of companionship
- The destruction of the parent-child relationship
What Compensation Can Families Recover in an Oklahoma Wrongful Death Case?
Families can pursue wrongful death compensation in Oklahoma for a range of losses. The types of compensation available and the parties eligible to receive them may vary depending on the specific circumstances of each case.
Oklahoma jury instructions provide guidance on how courts evaluate and apportion these awards, which may include compensation for:
- Medical and burial expenses: Compensation for medical costs and funeral and burial expenses goes to whoever paid them, whether that’s a family member or the decedent’s estate.
- Loss of financial support: Surviving spouses, children, and next of kin can recover for the financial contributions the deceased would have made to the family over their lifetime. Calculations are based on factors like the decedent’s age, occupation, earning capacity, and health.
- Grief and loss of companionship: The surviving spouse can recover for loss of consortium and grief. Children and parents of the deceased can recover for their grief and loss of companionship.
- Mental pain and anguish: Compensation for the conscious mental pain and anguish that the deceased suffered before their death goes to the surviving spouse and children, or next of kin.
In rare cases involving intentional misconduct or reckless disregard for others’ safety, Oklahoma courts may also award punitive damages. These are monetary awards meant to punish wrongdoing and discourage similar misconduct in the future rather than to compensate victims for specific losses.
Oklahoma’s wrongful death statute of limitations generally gives you two years from the date of death to file a claim, though certain exceptions may apply that shorten or extend that deadline. Consult an experienced wrongful death attorney from Cain Law to learn the time limit for your case.
Contact a Tulsa Wrongful Death Lawyer Today
No amount of compensation can undo the loss of a loved one, but it can ease your financial burden and allow you to hold the responsible party accountable. The Tulsa wrongful death attorneys at Cain Law are ready to stand by you as you seek justice.
Contact our law firm today for a free consultation. There’s no fee unless we recover compensation for you.
* The results described are based on the unique facts and circumstances of those cases. Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. Settlements are the product of private negotiations and may be influenced by factors other than the legal merits of a claim.