Wrongful Death Attorneys
Losing a family member in an accident or due to someone else’s wrongful actions causes grief and devastation. Oklahoma’s wrongful death law allows your family to receive compensation when a third party was to blame for what happened to your loved one.
At Federman & Sherwood, we handle cases with a sensitivity towards your personal situation, while we fight hard for your legal rights. Our Oklahoma wrongful death attorneys carry forward the ideals of our founders Bill Federman and J.C. Sherwood in every case we take. Your wrongful death case is crucial to the future of your family, and we never forget that during our legal representation.
Federman & Sherwood is located at 10205 N Pennsylvania Ave, The Village, OK 73120, several blocks off of US-77. Call us today at (800) 237-1277 to schedule a free initial consultation with an Oklahoma wrongful death lawyer.
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Clients appreciate the service that they receive from our lawyers and the lengths we are willing to go to in their cases. Client Bruno Muchanga writes: “Always ready to help and go [the] extra mile for your satisfaction! Thanks Federman & Sherwood.”
When Do Wrongful Death Cases Arise?
Wrongful death cases can result from any type of accident. At Federman & Sherwood, we represent Oklahoma families in the following types of wrongful death cases:
- Medical malpractice
- Nursing home negligence and injuries
- Car accidents
- Truck accident
- Pedestrian accidents
- Motorcycle accidents
- Drunk driving accidents
- Fatal falls
- Rideshare accidents
The same legal rules apply to each of these cases. Any time that your family member died from the wrongful actions of another, you may be entitled to compensation.
How Does My Family Become Eligible for Wrongful Death Compensation?
To win a wrongful death case, you must prove the following elements:
- There was the death of a human being
- The death was caused by wrongful conduct, such as negligence or an intentional action
- The person who committed the action breached the duty of care that they owed to your loved one
- Your family suffered damages from the loss of your loved one
The most important thing is that you have evidence of the wrongful conduct. Most often, you are seeking to prove negligence. Here, you need to prove your case by a preponderance of the evidence.
What Are Oklahoma Wrongful Death Laws?
Oklahoma wrongful death law is governed primarily by the Oklahoma Wrongful Death Act, 12 O.S. § 1053. Under Oklahoma law, only the personal representative can file a wrongful death claim. Usually, this is the person who is named in the deceased’s will. If there is no personal representative, the court will appoint one.
Unlike other states, Oklahoma does not have a statutory formula that determines how the proceeds of your case will be divided. The court may consider how the death has impacted certain family members in allocating the money. Not all family members automatically qualify for their share of the proceeds. Only family members who had a relationship with the deceased and have suffered damages due to their loss may receive money.
How Wrongful Death Cases Are Valued in Oklahoma
A wrongful death claim is the family’s own personal injury case. Here, your family’s personal injury is the loss of your loved one and the damages that accompany it. Accordingly, wrongful death damages are intended as a measure of the losses that your family has suffered from the untimely passing of a loved one.
Families can be paid for both the financial and non-economic losses that they have suffered. From a financial perspective, economic losses include burial costs and the wages that the deceased would have earned over the rest of their working career.
From a non-economic perspective, your family can be paid for the following:
- The loss of companionship and love from the deceased family member
- Loss of consortium for the spouse
- Your grief and trauma from the untimely loss of a family member
- Loss of parental care and guidance
- Loss of household services
You must prove each of these elements of your damages to be compensated for them. As difficult as it may seem, you must come up with a dollar value that quantifies the relationship that you had with your loved one and what they meant to the family.
“When negligence takes your loved one, you deserve answers, accountability, and the financial support necessary to rebuild your life, and I will fight to get all of them for you.” Oklahoma wrongful death lawyer J.T. Sherman.
What Is the Connection Between a Wrongful Death Case and a Survival Action?
In some cases, your family member did not die immediately from their injuries. The fact that they have passed away does not absolve the responsible party from liability for the damages that your family member suffered between the time of their injury and death. The personal representative may file a survival action alongside the wrongful death case to recover these damages for the estate.
Contact an Oklahoma Wrongful Death Law Firm
As much as you may not want to deal with the legal process after you have lost a family member, it is a requirement for full compensation. At Federman & Sherwood, we strive to make this process as easy as possible for you. Message us online or call us today at (800) 237-1277 to schedule a free initial consultation.