Losing a loved one in Ada is a tragic experience. This tragedy is often exacerbated by the fact that your family member was killed because of negligence.
If you have lost a loved one in what you believe was a wrongful act, the Erik Johnson Law Office wants to help you.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a lawsuit that alleges that the death of a loved one would not have occurred but for the wrongful or negligent act of the defendant.
Wrongful deaths may occur due to the negligence of property owners, because of a car crash, as a result of medical malpractice, due to a defective product, and more.
In order for damages to be awarded to the plaintiff in a wrongful death suit, the plaintiff must prove that a duty of care existed between the decedent and the defendant, that the defendant breached the duty of care, and that the breach of duty of care was the direct cause of the decedent’s death.
Who Can File a Wrongful Death Lawsuit?
According to Oklahoma Statutes Citationized, Title 12 – Civil Procedure, the only party who is allowed to file a wrongful death action in Oklahoma is the personal representative of the decedent (or their personal representative if this party too is deceased). Damages are distributable to beneficiaries.
Damages Recoverable in a Wrongful Death Suit
The same section of Oklahoma code cited above explains that a plaintiff in a wrongful death action may recover damages for:
- Medical and burial expenses
- Loss of consortium (paid to the surviving spouse)
- Mental pain and anguish suffered by the decedent prior to death
- Pecuniary loss to survivors based on the decedent’s earning capacity, age, occupation, life expectancy, and health habits
- Grief and loss of companionship
Time Limits for Filing a Wrongful Death Lawsuit
All states impose statutes of limitation, which refer to timelines regarding by when a plaintiff must file a civil action.
In Oklahoma, the personal representative of a deceased person has two years’ time from the date of death to file their action in court.
If they fail to file within the two-year time period, it is unlikely that the court will hear their case.
What is the true cost of a wrongful death lawsuit?
If you want to bring a wrongful death suit, attorney fees should not be the deciding factor.
You won’t pay a penny up front for an Erik Johnson Law wrongful death attorney. In most cases, we handle this on a contingency fee basis.
That means you’re not paying up front, the attorney earns a percentage of the damages won. We will agree to a clearly defined pay scale ahead of time so that you know exactly what to expect.
Often, the attorney’s percentage depends on whether the case is settled outside of court or if the case goes to trial.
I’m still not sure if I want to bring a wrongful death lawsuit?
It’s not an easy decision, that’s for sure. We believe that you are entitled to recover damages for the wrongful death of a loved one.
It changes your life—forever!
The Role of a Wrongful Death Attorney
At the Erik Johnson Law Office, we understand how emotionally destructive the loss of a loved one can be. We also understand that filing a lawsuit may not feel like the appropriate thing to do, and can also be confusing and overwhelming.
The role of our experienced Ada wrongful death attorney is to provide you comfort in your time of need, guidance, and information on how to recover the financial compensation your family desperately needs.
We will gather the evidence and conduct the investigation necessary to build a strong case and protect your rights as an individual who has lost a family member due to unnatural and preventable causes.
If you want more information, to see if you’re eligible to bring an action, or to explore any other options, call us today. We offer a free consultation with a wrongful death attorney so that you can make an educated decision, based on all of the relevant factors, as to whether this is something you would like to pursue
To schedule your free case consultation, contact our law offices today by calling us directly at (580) 279-1975. You can also request your free consultation by filling out our online form.