Tulsa Wrongful Death Lawyer

Tulsa Wrongful Death Attorney

Losing a loved one under any circumstances is devastating, but even more so if the loss is traumatic and unexpected. If you have experienced the loss of a loved one because of someone else’s negligence or wrongful action, you may be entitled to file a wrongful death claim for damages. If you are in the Tulsa area, you could benefit from the legal counsel of an experienced Tulsa wrongful death lawyer to help you navigate the legal system during this difficult time.

At Fulmer Sill, we pride ourselves on empowering people to pursue the compensation they deserve when they are hurt by the actions or negligence of others. We stand by our clients from the first insurance claim all the way to the courtroom, advocating for justice and favorable resolutions. We serve people all across the United States, but our office in Oklahoma City makes us an easily accessible Tulsa personal injury lawyer.

What Constitutes a Wrongful Death in Oklahoma?

The definition of wrongful death and legal actions a person can take are outlined in Title 12, Section 1053 of the Oklahoma Statutes. According to the law, a death can be considered wrongful if it occurred as a direct result of the wrongful action or inaction of another person.

A good measure of whether a death could be considered wrongful is to ask whether, if the person had survived, they would have a legitimate personal injury claim. If so, it is probably appropriate to file a wrongful death claim against whoever was liable for the person’s death.

Although wrongful deaths can happen under endless circumstances, there are several common contexts for wrongful deaths and associated legal claims. Some of these are discussed below.

Accidents Caused by the Negligence of Other Drivers

Drunk driving is an unfortunate and prolific problem in Oklahoma and in the United States. In 2023 alone, 12,429 people were killed in car accidents involving alcohol. An estimated average of 37 people in the United States are killed by drunk drivers every day. In Oklahoma, approximately 2,500 people are injured, and 220 people lose their lives in drunk driving accidents each year.

Distracted driving is also a major problem, especially as technology becomes more and more essential in everyday life. Many drivers find it difficult to put their devices down and pay attention to the road, with people of all generations picking up the phone to text, call, or scroll social media while behind the wheel. Such behavior inevitably leads to roadway accidents and, sadly, deaths.

Medical Malpractice

When people are under the care of a doctor, they trust that the doctor is performing their work with skill and professionalism. When doctors make mistakes because of negligence or ineptitude, patients who have been wronged can claim medical malpractice.

Medical malpractice is disturbingly common, with approximately 9% of hospital deaths estimated to be preventable and due to errors made by doctors or other medical staff. Furthermore, an estimated 36% of patients are subject to preventable harm while they are hospitalized.

Workplace Accidents

Accidents in the workplace are typically covered by workers’ compensation insurance that most employers are required to carry. When an employee makes a workers’ compensation claim, they usually waive the right to file any other legal action against the employer. Typically, this extends to workplace accidents that result in death, and most workers’ compensation policies include death benefits.  However, some situations are subject to wrongful death actions.

If an employer knowingly created exceptionally dangerous conditions by violating health or safety codes, for example, they can be found liable for a worker’s death. Examples of this would be removing safety measures, such as railings, or disallowing personal protective equipment in order to speed production.

Recreational Accidents

Many recreational activities are inherently risky, and some can be downright dangerous if procedures are not followed correctly. For example, zipline courses require specialist equipment, multiple checks, and trained staff to operate safely. If a zipline company were found to have bypassed safety measures and someone died in an accident, the family of that person could file a wrongful death claim.

Criminal Actions

Some wrongful deaths occur during the course of criminal activity. For example, if a person dies as a result of an assault, the family may have a legitimate wrongful death claim against the person who assaulted them. The assailant may also face criminal charges in a case such as this, but wrongful death claims are sometimes an option when murder or manslaughter charges are not supported by police findings or admissible evidence.

For murder or manslaughter charges to hold up in court, the evidence must prove the accused’s guilt beyond a reasonable doubt. Unlike criminal cases, a wrongful death claim can be decided based on circumstances and whether a judge believes that the defendant is more likely than not liable for the death.

Who Can File a Wrongful Death Claim in Oklahoma?

In the state of Oklahoma, a wrongful death claim must be filed by a person designated as the personal representative of the decedent’s estate. This person is usually named in a person’s will. If no representative is designated before the person’s death, the court can appoint one. The people who benefit from any settlement are the deceased person’s family, including a surviving spouse, children, parents, or any other next of kin.

If the deceased person is an unborn child, and the death resulted from an abortion, grandparents in Oklahoma have the right to file a separate wrongful death claim against the physician who performed the abortion. The only exception to this is if the grandparent brought about the abortion through coercion.

What Damages Can I Collect in a Wrongful Death Claim in Oklahoma?

Wrongful death compensation can reduce some of the financial burden associated with the death of a loved one. Although money cannot replace a person or reduce the associated grief, it can help to avoid a permanent financial setback for the deceased person’s family. The same law that defines wrongful death in Oklahoma outlines the damages that can be recovered in a wrongful death claim. These include the following: 

• Medical and funeral expenses for the deceased person. Medical bills, especially when someone is grievously injured, can be astronomical. Ambulance rides, emergency surgeries, and medication all add up very quickly. Funerals are also, unfortunately, prohibitively expensive for many people, especially when the deceased person was young and healthy and had no predetermined or prepaid funeral plans.
• Compensation for the grief of the surviving spouse. Losing a spouse is one of the most stressful and destabilizing events a person can experience. The grief itself can be debilitating, and compensation should reflect the magnitude of the emotional loss.
• Compensation for the pain and suffering of the deceased person. If the deceased person had survived, they would be entitled to compensation for pain and suffering associated with their injuries. Therefore, the family of the deceased person is entitled to compensation in the event of a wrongful death.
• Loss of financial support. If the deceased person was a major financial contributor to their household, or if they were a parent, the surviving spouse and children can claim compensation for the financial losses, both current and future, brought about by the death.
• Compensation for the grief of children. When a child loses a parent, they lose love, security, and guidance. A wrongful death settlement should take these losses into consideration.

In some cases, especially those wherein the defendant’s actions or negligence were egregious, punitive damages can also be recovered. An attorney can request punitive damages, but only a court order can impose them. The purpose of punitive damages is to increase the impact of the wrongful death claim on the defendant and deter similar negligence or wrongful behavior in the future.

How Is Compensation Distributed in a Wrongful Death Claim?

When a settlement is reached in a wrongful death case, the compensation is distributed to the deceased person’s surviving family members, including the spouse, children, parents, or other next of kin. The proceeds are distributed according to the family members’ wishes, unless the family members cannot agree on how they should be divided. In these cases, the court can determine how the settlement should be disbursed.

Hire a Wrongful Death Lawyer in Tulsa, OK

If you need to file a claim after the wrongful death of a loved one, a crucial first step is to hire a wrongful death lawyer. In many cases, the liable party’s insurance company is the entity actually paying wrongful death compensation, and insurance companies are notorious for trying to protect their own bottom lines. Unfortunately, that often results in insurance companies dodging their responsibilities as set down in their own policies.

When you file an insurance claim for a wrongful death, the insurance company may try to deny the claim entirely, possibly even trying to shift blame for the accident onto the victim. If they do accept the claim, they may offer compensation that is far below what their policy should pay. Sometimes, all it takes to encourage an insurance company to do the right thing is a strongly worded letter on an attorney’s letterhead.

Before an initial claim is even filed, your lawyer can begin the legwork to build a strong case. The attorney can gather information about the circumstances of the death, review any police reports or other records, and begin to build a case for your claim. In wrongful death cases, lawyers often interview witnesses, comb through the events surrounding the death, and construct a timeline. This gives them the supporting information they need to dispute insurance denials.

Most wrongful death cases settle out of court. For most defendants, reaching a satisfactory settlement is more cost-effective than going through the process of a courtroom trial. However, some cases do eventually get to a judge’s desk. If your case should go to trial, it is likely to be heard at the Tulsa County Court at 500 S Denver Ave., Tulsa, OK 74103, and your attorney can also represent you in court.

FAQs About Tulsa, OK Wrongful Death Laws

How Much Does It Cost to Hire a Wrongful Death Lawyer in Tulsa?

The cost to hire a wrongful death lawyer in Tulsa can vary widely based on the complexity of the case and the rates and fee structures set by individual attorneys. However, most lawyers who take such cases do so on a contingency basis. Rather than requiring an up-front payment to begin working on a case, the attorney takes a percentage of any settlement they secure for the client.

Is There a Statute of Limitations for Wrongful Death Claims in Oklahoma?

Yes, there is a statute of limitations for wrongful death claims in Oklahoma. The same law that defines wrongful death stipulates that any wrongful death claim must be made within two years of the date of the death. After that interval of time has passed, the plaintiff can no longer take any legal action to recover damages.

Do Most Wrongful Death Cases Go to Trial?

No, most wrongful death cases do not go to trial. Much like in personal injury cases, if a plaintiff has a legitimate claim, the defendant is more likely to settle than to pursue the case to trial. This is because the process of a courtroom trial is time-consuming and expensive, and the defendant may ultimately be ordered to pay the compensation anyway.

Do Wrongful Death Laws Apply to Unborn Babies in Oklahoma?

Yes, the law regarding wrongful death in Oklahoma specifically provides that all of the protections and possible remedies that apply to people outside of the womb also apply to unborn children. If your wrongful death case involves an unborn baby, your attorney can help you understand your legal position and the possible damages you can claim.

Contact A Tulsa Wrongful Death Lawyer at Fulmer Sill Today

If you have experienced the loss of a loved one due to someone else’s negligence or wrongful action, you may be going through one of the most difficult times in your life. At Fulmer Sill, we stand ready to support you and help you navigate the unimaginable. Contact us today to discuss your case and learn how we can empower you to pursue the justice and compensation you deserve.