branded with image of flowers on grave

Losing a loved one can be a tragic experience, even when death is expected. What can be especially shocking, though, is when a person dies well before their time as a result of the negligence of another party.

At Cain Law, our Oklahoma City wrongful death attorneys are passionate about helping surviving family members pursue justice in the form of financial compensation after a loved one’s death. We are here to guide you through the law and your legal options and answer any questions you may have. Please reach out to us today for a free consultation about your wrongful death claim.

Why Choose Cain Law’s Wrongful Death Lawyers in Oklahoma City

Cain Law has achieved recoveries totaling more than $250 million for injured Oklahomans. Backed by more than a century of combined legal experience, our legal team prepares every claim with the expectation that it will go to trial. This signals to the large insurers that we won’t settle for anything less than maximum compensation for our clients.

Such a rigorous and aggressive approach has enabled us to secure life-changing outcomes for families in various wrongful death actions, including the following:

  • $3.7 million settlement for a wrongful death involving a semi crash
  • $3.5 million in a semi accident resulting in death
  • $1.25 million settlement in a contested wrongful death claim from a rollover crash

Here’s what Tara L. had to say about us:

“I had the privilege of dealing with Monty and Anthony with a difficult personal injury case against a company. From the very start, their office was upfront and realistic regarding the situation and expectations. Every question and concern was addressed thoughtfully, and promptly. I would highly recommend if looking for honest representation.”

What Is a Wrongful Death in Oklahoma?

A wrongful death lawsuit is a type of civil action that alleges that the death of a person would not have occurred but for the wrongful act or neglect of the named defendant.

In order to win a wrongful death action, a plaintiff must establish:

  • The defendant owed the victim a duty of care.
  • The defendant breached the duty of care owed to the victim as a result of neglect or a wrongful act.
  • The death would not have occurred but for the breach of that duty of care.

In addition to the elements listed above, a plaintiff must also prove the extent of damages that have been suffered as a result of the wrongful death, including economic and non-economic harm incurred by the deceased’s estate and family members.

How Our Wrongful Death Lawyers Can Help Your Family

When you work with our Oklahoma City wrongful death lawyer, we will handle all aspects of your case from start to finish.

  • The process begins with a no-cost, no-obligation consultation where we review all of the details of your case and answer your questions.
  • From there, we will open an investigation into your loved one’s death to determine the cause of death and identify the liable party. If necessary, this process will involve various experts and other professionals, all of whom we will hire on your behalf.
  • Once we have gathered enough evidence to prove negligence, causation, and the extent of damages, our team members will work diligently to build your case and present a demand letter to the insurance company.
  • We will aggressively negotiate a settlement offer for you, represent you in all conversations with the insurance company, and file a lawsuit for the purpose of litigating your case before a jury if need be.

Who Can File a Wrongful Death Lawsuit in Oklahoma?

Only certain parties are lawfully allowed to bring forth a wrongful death claim in Oklahoma, although damages can be recovered for the purpose of beneficiaries of the decedent/the decedent’s estate.

Per Oklahoma wrongful death law, only the personal representative of the deceased’s estate has the right to bring forth a wrongful death action. Typically, the personal representative is named within the victim’s will. If no will or other legal document exists to designate a personal representative, the court may assign one.

Damages in a Oklahoma Wrongful Death Claim

Oklahoma law also provides a list of the types of damages that are recoverable in a wrongful death claim.

Damages may include:

  • Medical expenses – If the decedent or the decedent’s estate incurred any medical expenses prior to death that were associated with the fatal accident and injury, compensation for these costs in full is recoverable.
  • Burial expenses – The personal representative of the deceased may seek compensation, on the behalf of the decedent’s estate, for the full value of funeral and burial expenses incurred.
  • Loss of consortium and grief of the surviving spouse – This type of compensation is more difficult to calculate, for obvious reasons. Loss of consortium and grief of the surviving spouse damages that are recovered are to be distributed directly to the surviving spouse.
  • Mental pain and anguish suffered by the deceased – If the decedent experienced any suffering prior to death, the victim’s surviving spouse and children are entitled to damages for this type of noneconomic loss.
  • Pecuniary loss to survivors – When a family member dies, the death often means a loss of income and other financial losses for surviving family members. An award of pecuniary damages can be made to survivors. This amount will be calculated based on factors such as the decedent’s age, occupation, earning capacity, health, and the life expectancy of the decedent had death not occurred.
  • Grief and loss of companionship suffered by children and parents – If the decedent is a parent or a child (of surviving parents), the children or parents can recover compensation for grief and loss of companionship.
Your well-being is
our top priority
Call us and let us take some of the stress off you by managing all the details of your case.
Get A Free Consultation

Oklahoma Statute of Limitations on Wrongful Death Claims

In order to retain your right to a wrongful death lawsuit in Oklahoma, it is imperative that you file your case within the statute of limitations, which is two years from the date of death. If you wait longer than the two-year deadline to take action, you may be permanently barred from compensation.

Common Causes of Wrongful Death

Our Oklahoma City wrongful death attorneys have been advocating for the families of those who have died due to the wrongful acts of others for more than 20 years. We have successfully handled numerous types of wrongful death cases. Some of the most common causes of wrongful death include:

If your loved one has been killed in an accident type that you do not see listed above, please do not hesitate to contact our Oklahoma wrongful death attorneys regardless for your free consultation.

Looking for a Wrongful Death Lawyer Near You? Visit our Oklahoma City Office.

Frequently Asked Questions

How can a wrongful death lawyer help my family after a fatal accident?

A wrongful death attorney can do the following:

  • Investigate the incident that led to the death to identify all liable parties
  • File related legal claims by the due date
  • Negotiate with the insurers for a settlement that covers financial losses, loss of companionship, and other related damages
  • Take your case to court if the insurer won’t agree to a fair settlement
  • Charge you no attorney fees unless we successfully resolve your matter

Can a wrongful death case involve both an insurance claim and a lawsuit?

Yes, they frequently overlap, as an insurance claim often transitions to a lawsuit if settlement negotiations between the insurer and the family break down.

  • What evidence can help support an Oklahoma wrongful death claim?
  • Official records, such as medical records, death certificates, autopsy reports, and police reports
  • Visual evidence, such as photographs, surveillance video, and dashcam recordings
  • Eyewitness accounts, to establish what happened at the time of the incident
  • Expert opinions from medical or forensic specialists
  • The decedent’s employment and income records
  • Invoices for funeral, burial, and medical services incurred before death

Who receives compensation in an Oklahoma wrongful death claim?

Compensation is distributed fairly based on each person’s relationship with the deceased, which is typically as follows:

  • Surviving spouses
  • Surviving children
  • Next of kin or legal heirs, in certain cases, which may be surviving parents or grandparents

*Prior results do not guarantee a similar outcome in any future case.