Best Wrongful Death Lawyers Oklahoma City, OK Of 2024 – Forbes Advisor – Technologist

A wrongful death lawsuit offers a legal means to hold accountable the individuals or entities responsible for a loved one’s death. These cases can also provide financial relief related to costs like medical bills and burial expenses, as well as compensation for noneconomic damages such as mental pain and anguish, loss of consortium and loss of companionship. Punitive damages may also be awarded if the at-fault party’s actions were exceptionally reckless or malicious.

The following sections provide important information on who can file a wrongful death claim, how the process works, how awards are distributed and how a wrongful death lawyer can assist you.

Oklahoma Statute of Limitations for Wrongful Death Cases

In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. This time limit is strict, meaning that if you don’t file the lawsuit within this two-year window, the court will likely bar your case, and you’ll lose your chance of holding negligent parties accountable.

The lawsuit doesn’t need to be resolved within these two years—it only needs to be filed before the statute of limitations expires. Filing early allows you to obtain compensation that aligns with the loss you suffered. It also allows you and your legal team to build a strong case using time-sensitive evidence that could otherwise be lost or corrupted if you wait too long.

Oklahoma Wrongful Death Laws

Several laws shape important aspects of a wrongful death lawsuit, such as who can file, how much can be awarded and how the award is calculated. Here’s an overview of those laws:

• Filing a wrongful death claim. In Oklahoma, only the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of the estate. This differs from many states, where immediate family members can file the lawsuit directly. If the deceased had a will, the personal representative is typically named therein. For people with no will, the court will appoint a personal representative, who can be a surviving spouse, adult child, parent, sibling or another individual. If the deceased is an unborn child, the child’s parents or grandparents can file a lawsuit against their doctor.
• Damage caps. Oklahoma doesn’t impose any monetary cap on the amount that can be awarded for economic losses in a wrongful death case. Noneconomic losses are capped at $350,000, except in cases where the judge and jury find the defendant guilty of malicious intent, gross negligence, fraud or reckless disregard for others’ rights. Under these circumstances, courts do not require a cap for noneconomic losses. There are also caps on punitive damages:
  • If the defendant acted with reckless disregard for others, punitive damages are capped at $100,000 or the amount of compensatory damages awarded, whichever is greater.
  • If the defendant acted intentionally and with malice, the cap increases to $500,000, twice the amount of actual damages or the increased financial benefit derived by the defendant, whichever is greatest.
  • If the defendant acted intentionally and put someone’s life at risk, punitive damages aren’t capped.
• Modified comparative negligence. Oklahoma follows the doctrine of modified comparative negligence—specifically, the 50% rule, which mandates the amount of compensation you receive is reduced by the percentage of fault attributed to the deceased. If the deceased is found to be more than 50% at fault for the incident, their family is barred from recovering any damages.

Wrongful Death Settlement Considerations

Most wrongful death claims in Oklahoma are settled before going to trial. The process typically begins with your wrongful death lawyer sending a demand letter to the defendant’s insurance company requesting payment to cover damages. This letter outlines the damage claims and the basis for the liability of the defendant.

If the insurer disagrees with the demands, negotiations may follow to reach a fair settlement. Should negotiations fail, the case may proceed to trial.

Insurance companies in Oklahoma generally have 30 business days to acknowledge a wrongful death claim and provide filers with the necessary paperwork and instructions. The insurer has 60 days from the date the claim was opened to complete their investigation and to notify you of their decision.

The insurer will inform you if they need more time for their investigation, but this phase cannot exceed 120 days unless the incident involves arson or fraud. If the amount sought exceeds the insurance policy limit, the defendant may have to cover the remaining balance directly.

Once a settlement is reached, the attorney deducts their fees. Most wrongful death attorneys work on a contingency fee basis, meaning they take a percentage of the settlement amount rather than requiring upfront payment. Typically, this fee ranges from 33% to 40%.

The personal representative then distributes the remaining funds among the surviving loved ones per the judge’s decision. Beneficiaries can choose to receive the payment as a lump sum or in increments over time.

Compensatory damages for noneconomic losses in wrongful death settlements are generally tax-free. Portions of damages that reflect lost wages or medical expenses can be taxed, as can punitive damages.