A Wrongful Death Lawyer from Oklahoma Gives the Basics of Filing a Claim
It’s a claim nobody wants to make: filing a case of wrongful death against a person, organization, or entity can be an emotional rollercoaster for those that are left behind.
Wrongful Death Lawyer to Help Claim for Compensation Before Oklahoma Courts
Dealing with the death of a loved one is already painful and difficult. The burden becomes a lot heavier if your loss was caused by violence or an accident which could have been avoided with due care and diligence. In such cases, surviving family members may sue for wrongful death. The application of this law varies from state to state, but in Oklahoma, it can be found in the Statutes Chapter 12, Section 1053.
Oklahoma City Wrongful Death Lawyer
Find An Oklahoma City Wrongful Death Lawyer Right Away Do you need to find an Oklahoma City wrongful death lawyer but don’t know where to start? This guide will help you find the right person for the job. That way, you can get the outcome you are looking for this case to bring with it. You’re going to want to work with someone that has done wrongful death casework before. You want to know that they are going to be able to get you the compensation your family deserves for the death of the loved one you’re going to court for. You don’t want a general lawyer that may be able to help that doesn’t really specialize in this kind of thing because they may miss things and cause the outcome to not be in your favor. You want someone that is trained in wrongful death cases and knows exactly what and/or who to go after. Before you work with a lawyer, you should determine if they have handled this type of case in the past. You want to know what other people thought of their services and if they would hire them again if they had a case like this to deal with in the future. If all you find are negative reviews, then it’s best to avoid the lawyer even if they charge a rate that’s a lot cheaper than the rest. The reason they may be so cheap is that they can’t get clients any other way due to them having a bad reputation. You need to let your lawyer know exactly what happened and what you know about the case. Don’t talk to anyone like a company that calls to ask you question about the death. Always refer people to your lawyer or tell them you have to ask your lawyer about whether or not you can answer. There are people out there that will try to trick you into saying something you shouldn’t say that can hinder your chances of winning your case. So, only be open with your lawyer and tell them when you have people hounding you for more information. A good Oklahoma City wrongful death lawyer shouldn’t be too hard to find. You just have to do your research on who is out there that is good at what they do. Take your time with it and in the end, you’ll be happy with who you pick. For more information contact one of our highly qualified Attorneys in the Oklahoma City area call (405) 253-4478 or our main office in Ardmore (580) 798-0447.
A Medical Malpractice Lawyer in Oklahoma Can Help
What do you need to know about medical malpractice and malpractice lawyers ? An experienced personal injury lawyer can handle cases of medical malpractice. These lawyers are experts at dealing with the insurance companies. Medical malpractice is a serious charge in our country, but it is not the only one. Many people die every year because of medical errors. Insurance companies will settle with patients who have been injured because of medical malpractice. However, the insurance company often does not want to compensate the injured patient fairly. It takes an excellent lawyer to win these cases. It is very important to find the right medical malpractice attorney to handle your case. The attorneys at Little Oliver & Gallagher PLLC have the experience to provide the best possible outcome of your case. There are several types of medical malpractice. The one involves an error during a surgical procedure. It could be that a doctor did not complete a surgical procedure correctly on a patient potentially resulting in injury or death. Another example of medical malpractice can occur when a surgeon performs a procedure on a patient that they are not properly prepare to perform. A medical malpractice lawyer in Oklahoma can help you if you have been a victim of either of these. Sometimes, a patient may sue because they feel they were not given proper medical care. If you are such a person, you need to get a medical malpractice lawyer to help. You should also contact an experienced lawyer if you feel that you have been a victim of wrongful medical practice. It is always best to seek legal advice from an attorney who specializes in medical malpractice. The first step to take if you have been the victim of medical malpractice is to let your insurance company know what has happened. Make sure you document all of the information and get a medical malpractice lawyer to assist you in this process. Let your medical malpractice lawyer know all of the details as well. Keep all records and/or medical correspondence for proof. Your lawyer may be able to get some of this documentation for you which will be beneficial. Medical issues are difficult to deal with. It is important that you do everything you can to win your case. In Oklahoma, a medical malpractice lawyer can help you obtain the compensation you deserve. Our attorneys take the time to fully understand your case and will maintain close contact with you throughout the process. To help you feel comfortable with our team, we encourage you to ask questions. Our team is here to help you through the process while protecting your rights outlined by the law. Choosing a medical malpractice lawyer in Oklahoma is an important decision that must be made by you or your loved ones. The process may seem overwhelming, but you need to make sure that you receive the care and compensation that you deserve. There are many qualified lawyers in the Oklahoma State that specialize in the area of medical malpractice. Before you make a snap decision on a lawyer to represent you, give us a call or request a free consultation to learn how we can help. For more information call us today. In Oklahoma City call 405-253-4478 or in Ardmore/southern Oklahoma call 580-798-0447 we look forward to talking with you about your case.
Wrongful Death Lawyer in Oklahoma City
The news about the death of a loved one is usually not easy to bear. It does not matter if it was anticipated or unexpected; the thought of never being able to see your loved one again can be frustrating. If you have lost a loved one, we pray for strength in your life as you navigate this journey. If your loved one’s death is due to negligence, you might be eligible for compensation from the involved party. However, you might find dealing with the death, and filing a wrongful death lawsuit can be overwhelming. It is advisable to hire an experienced wrongful death attorney in Oklahoma City to guide you during these challenging times. Though the lawsuit will not bring back your loved one, it will help pursue justice and help relieve you of any financial burden that might have been caused by the death of a family member. Working with wrongful death attorneys will help evaluate the cause of death and the compensation you are entitled to receive. The right attorney will handle the wrongful death so that you can focus on bidding the final farewell to your loved one. Find Out How a Qualified Wrongful Death Attorney Can Help Your Case Insurance companies are known to go hard and challenging, especially in cases involving death. They will try to find a loophole to reduce the compensation or avoid paying it altogether. They will dispatch their lawyers and investigators, and that might leave you feeling overwhelmed. For that reason, you need to get the best attorney to help you handle the challenges. If possible, contact an attorney as soon as possible so they can protect your interest. Find out some things that a wrongful attorney will do for you. Secure Evidence If you hire a wrongful death lawyer, they will help you secure the evidence needed to help build a strong case and ensure the insurance company has no other option than to pay the compensation. Since they have been trained on how to handle issues, they will ensure Oklahoma law is followed to ensure you have the required evidence that will assist you with the case. The attorney will also get witness affidavits and take photographs that will be presented in the courtroom. In case you do not have enough data to help you with your case, they will hire experts to reconstruct the accident. This process will assure ample data to proceed and increase the likelihood of success is reached to ensure you receive rightful compensation. Types of Damages When seeking reimbursement for wrongful death, you need to be compensated for all damages incurred, like medical expenses, funeral costs, and lost wages. You should also note that some losses cannot be measured like anguish and mental stress; however, with the right lawyer by your side, you can be assured they will fight to see you get compensated for the stress the death might have caused you. Depending on your case and the damage you are dealing with, you might be eligible for punitive damages. There are specific aspect of the case that are considered. This is where an experienced wrongful death attorney is critical to ensure proper steps are taken. Who Can File the Case? According to the law in Oklahoma, anyone that was depending on the deceased is eligible for compensation. Some parties that can file the suit are parents, spouses, children, and siblings. Time Limit Involved In Filling Wrongful Death In a case of wrongful death in Oklahoma, you need to note that you have a time limit of two years after death to file a claim. If you do not file the case during this time frame, you may not be able to file. This is an important reason you need a qualified and trained attorney to assist you with the case before the statute of limitations comes to pass. Keep in mind that wrongful death cases are complex in various stages; you need to ensure you have found the right wrongful death attorney in Oklahoma City to assist you. For help with your case call Scott Gallagher today in Oklahoma City at (405) 253-4478 or Ardmore at (580) 798-0447.
7 Important Benefits of Hiring a Wrongful Death Attorney
25% of all traffic-related deaths are caused by drunk drivers, which translates to an average of 29 people every day. Medical errors account for over 250,000 deaths annually in the U.S., and these are not the only causes of wrongful deaths. Whether your loved one dies due to a slip and fall accident or a workplace injury that was caused by negligence, it’s only right that you file a claim. Hiring a professional wrongful death attorney is one of the best decisions you can make because they will fight for the full compensation you deserve. Nothing can be any more painful than losing a loved one. It hurts even worse when their death was caused by a negligent party. You may be thinking about handling the case on your own, but we’ll give you the most important benefits of hiring a wrongful death attorney. 1. To Protect Your Family’s Financial Interests After the unexpected and sudden death of a family member, there is bound to be a significant emotional and financial impact. The financial impact can especially be a major concern if the person who passed away was the family’s primary wage-earner. This means that you will have to find a way to make ends meet, and given that the death was unexpected, you may not know what to do. Apart from this, you will have to deal with possible medical bills, funeral costs, and all other costs associated with their death. Filing a wrongful death claim will relieve you of this financial burden once you get the compensation. The claim is likely to help you pay all the funeral expenses, lost income, pain and suffering, and possibly more. To get compensation for all these, you need to have a professional attorney fighting for your case. They will help you calculate everything from medical expenses to funeral expenses and loss of earnings to determine how much you deserve. The problem is that you may not be able to get proper compensation on your own given that you have no experience in the field. This makes hiring a professional wrongful death lawyer an ideal choice. 2. Experience and Expertise If there’s one reason why you should hire a professional wrongful death attorney, it’s to even the playing field. You see, you’re most likely to be dealing with an insurance company that will have a horde of professional attorneys by their side. In turn, you also need to have a professional attorney that will bring experience and expertise to the table. A competent and experienced attorney will have first-hand knowledge about the legal process. They will know all tactics that the defendant is likely to use to avoid the claim. They’ll come armed with the experience it takes to build a strong case, regardless of the complexities surrounding it. Handling a wrongful-death lawsuit by yourself is not the best idea. There are deadlines to be met, laws to understand, negotiations to be made, and decisions to be made. One mistake in these steps could jeopardize the case and deny you the compensation you deserve. 3. You Can Focus on the Family After losing a loved one, family togetherness becomes the most important aspect of the situation. It’s during this time that your family needs your support more than ever in order to cope with the loss and try to move forward. Hiring a competent wrongful death attorney means that you won’t have to split your focus with court proceedings or negotiations with the other party. The attorney will handle everything from filing the case to negotiating a well-thought-out compensation amount that your family deserves for the injustice that was done to you. 4. You Get to Uncover the Truth In some cases, depending on the type of accident or incident that resulted in your loved one’s death, it may not be exactly clear what caused the death. You’ll find that the responsible party may not come forward, to tell the truth. It can be incredibly difficult for your family to move on when they don’t get closure. However, you will have a better chance of uncovering the truth when you have a professional attorney investigating your case. The thing is, uncovering the truth will be the foundation of your wrongful death claim. An investigation will be conducted, and you will discover all the nitty-gritty details and the culprit behind the death of a loved one. 5. You Can Avoid Mistakes Most attorneys are very cunning, for lack of a better word, and if you decide to handle the case against a professional attorney, they will trick you into thinking that the little compensation you get is what you deserve. Even worse, they could ask you questions and make you admit to things that could contribute to the loss of your case. For this reason, it will go a long way if you have a professional attorney that will engage with the other party. This will keep you from making any mistakes that could jeopardize the case. They will make sure that you only say what’s necessary and handle all the paperwork to ensure that all deadlines are met. 6. It’ll Save You Time and Money You may be thinking that hiring a lawyer will only eat into the little money you may have. However, in the long run, having a professional wrongful death attorney will save you both time and money. Navigating a case on your own can easily become a costly endeavor. Without knowledge about the law, you will waste a lot of time building the case. 7. You Will Gain Access to Resources To build a solid case, it’s imperative to provide evidence, and the process can be increasingly difficult without evidence to prove your case. A wrongful death lawyer will use their resources such as expert witnesses, investigators, and other specialists necessary to prove the wrongful death claim. Without these resources, it will be incredibly hard to prove the case and get compensation. Fighting for Your Loved One By Hiring the Best Wrongful Death
Oklahoma’s Wrongful Death Statute Explained
Are you looking to file a wrongful death lawsuit and want to know what that entails? If so, then you’ve come to the right place. Not only are you going to find out what a wrongful death suit is, but you’re also going to find out about the Oklahoma wrongful death statute and other limitations that you need to be mindful of. We don’t want to keep you waiting to achieve the justice that your loved one deserves. Let’s get right into all the useful information that you need to know to move forward with your claim. What is a Wrongful Death Lawsuit? Wrongful death is defined as the death of a person that has occurred because of the negligence of another person. Many causes fall under the causes category of wrongful death. The first will be medical malpractice if the diagnosing of an illness or injury leads to the death of the patient. Death could also be the result of the doctor using the wrong method of treatment to assist in patient recovery. Another cause of wrongful death would be someone killing another person with a car. Whether they were speeding or driving while under the influence because of their negligence, someone lost their life. More than 10,497 people lost their lives because of a drunk driver. While we’re on the topic of vehicular deaths, another cause could be the malfunctioning of the vehicle. If it’s the vehicle that causes death, then it’s called product liability. It’s the job of the vehicle manufacturer to ensure that the car is in working conditioning before debuting it in showrooms for potential customers to purchase. Now that you’ve gotten a better understanding of what wrongful death is, we can now dive deeper into what you can sue for in your lawsuit. What Damages Should My Lawsuit Include? When you file a lawsuit, you’re doing so to seek compensation for your loved one that has lost their life because of someone else negligence. The first thing that you might consider suing for is lost wages. This will help to provide income until someone else can take over as the sole provider for everyone. The next thing you might seek as far as damages go is monetary help to provide funeral services for your loved one. Funerals can be expensive, and it’s only right that the person that caused the death be responsible for helping the family pay the funeral expenses. You should also ask for funds to help pay the remaining medical bills that were left behind by the deceased. One type of damage you can sue for that sets Oklahoma apart from others is the ability to sue for punitive damages. Punitive damages are not a monetary amount awarded to the deceased family. Instead, it is a way to punish the company that is at fault for causing the death in the first place. It serves as a reminder to the company and those that work within it that no crime will go unpunished and that they need to take the work they do seriously or risk being hit with more lawsuits in the future. Statute of Limitations Like with most crimes when it comes to filing a wrongful death lawsuit, there is a time limit. It’s recommended that following the death of a loved one, you file as soon as possible and find an Oklahoma City wrongful death lawyer. But the course system also understands that during a time of grieving, the last thing that’s on your mind is filing a lawsuit. To provide victims with the time they need to grieve their loss, the statute of limitations ends two years after the death of the victim. This gives family members the time they need to collect all of their documentation and find a legal team to represent them in court. But, it should be known that once the two years is up, then the lawsuit can no longer be presented in court. When you sot down to speak with your lawyer, ask them if the limitations and other guidelines apply to your case. The reason for this is that a wrongful death suit is a criminal case, and it can hold different guidelines when it comes to the legal process. Who Can Submit a Wrongful Death Claim? Being that the victim is deceased, family members will be the ones to submit the wrongful death claim, but not just anyone can file a claim. The first set of people in the victim’s family that can file a lawsuit are the immediate family members. This includes their spouse and any children that they’ve had together. If they weren’t married and didn’t have children, the next group of people that could file would be the parents and siblings of the victim. After them, it would be a domestic partner or close friend that can file the lawsuits. Oklahoma Wrongful Death Statute Explained Now that you’ve got all of the information you need when it comes to the Oklahoma wrongful death statute, you can continue with the process of your legal case. No one deserves to die because of someone else carelessness, but unfortunately, it happens every day. With the facts we gave above, you can help your loved one receive the justice that they deserve even though they are no longer living. If you’re in need of a personal injury lawyer to represent you in court contact Little Oliver Gallagher. The practice features three skilled lawyers that practice in various areas, including wrongful death, motorcycle accidents, medical malpractice, and more. With our lawyers in your corner, you’re sure to get the settlement that your family deserves.
Wrongful Death Lawyer Explains What to Expect in a Wrongful Death Lawsuit
A wrongful death claim is a civil action unique in the sense that it is the representative of the deceased that files it before the courts. Family members or estate representatives seek recompense from the party who caused the wrongful death, either through negligence or deliberate intent to harm.
Wrongful Death Claims
Your Wrongful Death Claim and How We Can Help Dealing with any death is hard enough, especially if the deceased loved one died suddenly and unexpectedly. What is even harder is dealing with a death that could have been prevented. Death resulting from negligence, recklessness or misconduct leave little comfort for those who are left behind when a person dies. This is the reason why wrongful death lawsuits are filed in court, so that grieving families receive the justice and compensation owed to them. These suits are also filed so that instances of negligence and recklessness that could be life-threatening are not repeated. If you are planning on filing a wrongful death claim, read on to learn the basics about what kind of claims you can file in Oklahoma and how working with a wrongful death attorney can help you get the just compensation you and your loved ones deserve. What is a wrongful death claim? A wrongful death claim is a claim filed with the court when a negligent or wrongful act resulted in a person’s death. This claim is often filed by the surviving family members of the victim. If the deceased has no next of kin, his or her estate can file the suit for damages. The claim is made to recover compensation or monetary damages for any losses suffered, including the financial, emotional, psychological, and mental harm that the death has caused. Common Wrongful Death Cases There are various grounds for a wrongful death claim. These include: Medical malpractice Vehicular accidents Job-site accidents Deaths caused by defective drugs, products, equipment Negligence Wrongful death Claims in Oklahoma Oklahoma state laws allow family members to file wrongful death claims within two years from the date of the accident that claimed the life of the victim. The suit allows family members to claim for both tangible and intangible damages, such as financial support and compensation for medical and funeral expenses, house payments, car payments, and the like. Under state law, the closest relative has the option to file a suit. This could be a spouse, a son or daughter, or in the absence of these, parents, or siblings. Under Oklahoma Statute 12-1053, there are several recoverable actions through which plaintiffs can file a claim. For example, they can file wrongful death suits for loss of future income, especially if the victim was a primary breadwinner. Compensation from a wrongful death can help surviving family members financially recover after the death that was preceded by a lengthy hospital stay and costly medical care. Plaintiffs can file wrongful death suits for compensation of medical expenses, funeral costs, past lost income, and expenses arising from a physical disability. They can also claim property damages and compensation for pain and suffering. Punitive damages can also be included which are intended to punish the wrongdoer. Oklahoma laws do not put a cap on non-economic damages that plaintiffs can claim or receive. Non-economic damages refer to compensation for grief, loss of companionship, mental or emotional anguish suffered as a result of the wrongful death. Why Work with A Wrongful Death Attorney It is important to work with a wrongful death lawyer skilled and experienced in Oklahoma wrongful death laws especially since you need to abide by technical limitations. According to state law, plaintiffs only have two years to file a claim. Beyond this statute of limitations, plaintiffs are barred from filing a wrongful death claim even if the grounds are clearly present. A lawyer can ensure that plaintiffs are not deprived of compensation due to technical lapses like these. A lawyer can ensure that your case is supported by sufficient documentary and other types of evidence so you can file a strong claim. He or she can also advise you on the advantages of waiting for a court judgment versus opting for a settlement depending on the specific facts of your case. Filing a wrongful death is the first step towards getting the compensation you and your family deserve. A wrongful death attorney can advise you of your rights, examine your case to determine if it can stand up in court, and help you build a solid case for maximum compensation. For example, they have access to experts and consultants who can determine how the wrongful action led to the death and why you as the surviving family members are entitled to damages. For more information contact one of our experienced wrongful death attorneys today. In Oklahoma City call 405-253-4478 or our main office in Ardmore at 580-798-0447. You can also complete our case evaluation form and one of our attorneys will contact you to help.
How to File a Wrongful Death Lawsuit
When someone is injured through negligence or malicious intent, although very difficult, they can file a personal injury lawsuit on their own. But if the act in question results in death, they cannot. Then recovery for damages falls upon the relatives of the deceased and the estate. In which case grief stricken family members can suddenly find themselves confronted with having to learn how to file a wrongful death lawsuit. The first thing you have to do is act fast, no matter how emotionally distraught you might be. This is because most states, like Oklahoma, have a strict two year statute of limitations. Your first step is to retain an exceptionally good lawyer. This is because wrongful death lawsuits can result in exceptionally high settlements, often millions of dollars. And when the lawsuit involves millions of dollars, you can be certain that the insurance companies will show up with the best lawyers in the state. So do some research. Ask any lawyers you might know for recommendations of law firms that specialize in wrongful death lawsuits. Talk to some of them; consultations are often free. But remember you are up against the statute of limitations and cannot afford to procrastinate. Once you have made your choice, follow all your lawyer’s instructions carefully. Remember that you do not have to know how to file a wrongful death lawsuit. Your lawyer will have all the answers before you walk in the door. All that you have to do is listen carefully, take notes and follow their instructions. However; it is a good idea to familiarize yourself with the matter you will be discussing. In the first place this is a civil case not a criminal case. In a criminal case the burden of proof is “beyond a reasonable doubt.” In a civil case the bar is much lower. It requires only “a preponderance of evidence (51%). While each state has different rules, most of these rules are derived from Lord Campbell’s Act of 1846. With the rapid growth of railroads in the 1830’s, people were becoming alarmed with the number of deaths attributed to the railroads’ disregard for public safety. So the British Parliament passed the act making it possible to sue for damages as a result of negligence. Negligence requires proof that some party had a duty or responsibility to avoid injury. Then you must prove that the party failed to comply with that duty. And finally you must prove that this failure was the cause of injury. It may sound simple, but there is much more to it than that. Oklahoma has one of the more stringent sets of requirements, so it provides a good example of some or the issues you might expect to encounter. First, you have to open an estate. This requires filing paperwork with the probate court, and the paperwork should be filled out by your lawyer. Second, there must be someone to represent the deceased. This is called an administrator or executor, and they are responsible for handling the legal details and distributing the assets. If the deceased had a will and named an executor, the matter is settled. If not one must be appointed. In many states, such as Oklahoma, only the executor can file a wrongful death lawsuit. So far that is the easy part. Now things can become more time consuming. Before your two-year window slams shut, you must file insurance claims with all relevant parties, including the insurance company of the deceased. Then there are the insurance companies of the at fault parties. In the case of an automobile accident it might be just the at fault driver. However, if a commercial vehicle is involved, was the driver at fault for going through a stop sign, or is it the boss’s fault for not replacing defective brakes? Now you have two companies. And if the boss rented the vehicle you now have three. In a medical malpractice case, there is no telling how many companies might be involved. Trials can become extremely costly. Often legal fees can eat up the entire settlement. But trials are also costly for insurance companies. Lawyers experienced in these matters have a pretty good idea of about how much the amount of the settlement will eventually be. Therefore, both sides will try to avoid going to court. They will negotiate. They will haggle. They will make offers and demands. It might take years, but eventually, a good lawyer will come up with a standard settlement. And a good lawyer will know that insurance companies like to stall. So, you do not need to know how to file a wrongful death lawsuit. You only have to find the best law firm, and then do exactly what they say. Little Oliver Gallagher PLLC has a proven track record in Wrongful Death cases and our attorneys are here to help you through this extremely difficult time. To learn how we can help contact us in Oklahoma City at 405-253-4478 or our Ardmore office at 580-798-0447.
