Tulsa Wrongful Death Lawyers
Hold the Right Parties Responsible for the Untimely Loss of a Loved One
Losing a loved one is a painful and traumatic experience, especially in an untimely death due to the negligence or recklessness of another individual. Taking legal action is understandably not the first thing on your mind after suffering the loss of a loved one, but it’s important to contact a Tulsa wrongful death lawyer right away. Aizenman Law Group can assist you in filing a wrongful death claim against the responsible person to recover damages and help ease any financial burden associated with this traumatic event. Reach out to a Tulsa wrongful death lawyer.
Why Choose Aizenman Law Group
At Aizenman Law Group, we understand the emotional turmoil and financial stress you may be experiencing. Our wrongful death attorneys are not only skilled and experienced but also deeply compassionate and understanding.
We operate on a contingency fee basis, meaning you pay nothing unless we win your case. During your free initial consultations, you may discuss your case without any financial risk. Our goal is to provide you with the peace of mind you need during this difficult time and to fight passionately for the justice your loved one deserves.
If you’ve lost a loved one due to someone else’s negligence, don’t face this difficult time alone. Contact the experienced Tulsa wrongful death attorneys at Aizenman Law Group today.
What Is Wrongful Death?
While accidents can strike at any time, wrongful death incidents are preventable and leave the victim’s loved ones wondering how to move forward.
As with a personal injury claim, a wrongful death claim is a legal action brought against a person or entity responsible for the death of another due to negligence or misconduct. However, being that the deceased person can no longer pursue damages on their own behalf, compensation in these cases is broadly meant to alleviate some of the losses faced by surviving family members, spouses, and others with a direct claim to recover compensation. These claims may arise from a variety of circumstances, such as car accidents, medical malpractice, workplace accidents, or product liability.
Who Can File a Wrongful Death Action?
Oklahoma law, in Title 12, Section 1053, allows certain family members to file a wrongful death claim when their loved one’s death was caused by another’s wrongful or negligent act. Typically, the person responsible for filing a wrongful death lawsuit is the personal representative of the deceased’s person’s estate. This is often a close family member such as a spouse, parent, or child. If the deceased did not have a personal representative, the court may appoint one.
Common causes of wrongful death cases include:
Because these accidents are the direct result of unsafe practices or dangerous premises, it is important that the right people be held responsible.
Wrongful Death: Criminal Cases vs. Civil Suits
When an individual’s death occurs due to wrongful acts, two types of legal actions can arise; a criminal case and a civil suit. These two types of proceedings are fundamentally different in purpose, procedure, and outcome. However, it’s possible that these cases occur simultaneously and result in independent outcomes.
In a criminal case arising from a wrongful death, the government will charge an individual or entity with a crime related to the death. This could include charges such as manslaughter or murder. The intention of a criminal case is to punish the offender and deter similar future offenses.
In a criminal court case, the prosecutor must prove “beyond a reasonable doubt” that the defendant is guilty. If the defendant is convicted, the penalties can include imprisonment, fines, or even the death penalty in extreme cases. However, these fines will be paid to the state, not to the surviving family.
In a wrongful death suit, the standard of proof is lower than in a criminal case. The plaintiff must demonstrate by “a preponderance of the evidence” that the defendant’s negligence, recklessness, or intentional actions caused the death. Damages awarded from the resolution of wrongful death suits will be directly awarded to survivors, minus attorney fees and any other legal fees incurred by the civil lawsuit process.
The Role of a Tulsa Wrongful Death Attorney
The wrongful death attorneys at Aizenman Law Group understand the complexities and challenges that families face after losing a loved one. We are committed to providing compassionate and comprehensive legal guidance throughout every step of the wrongful death claims process.
From investigating the cause of your loved one’s death to negotiating with insurance companies, we work tirelessly to ensure that you receive maximum compensation for your losses, including funeral and burial expenses, pain and suffering, and loss of companionship. As former defense attorneys, we are armed with the necessary strategies to help you pursue legal action, have extensive courtroom experience, and are prepared to take your case to trial if necessary, fighting aggressively for justice for your loved one.
What Damages Can I Recover With A Wrongful Death Claim?
While no amount of money can ever replace a loved one, financial compensation can help ease the burdens associated with an unexpected death. Wrongful death damages must consider not only the fiscal repercussions of the deceased person’s passing but also the emotional pain and suffering shared by the surviving family members.
Wrongful death claims can help you recover the costs of:
- Medical expenses and bills
- Loss of support
- Loss of companionship
- Funeral expenses
- Mental pain and suffering
- Punitive damages, in the case of egregious wrongdoing
Who Gets the Money in a Wrongful Death Lawsuit in Oklahoma?
In Oklahoma, the distribution of the financial recovery in a wrongful death lawsuit is guided by the state’s inheritance laws.
Under Oklahoma law, if the deceased person had a will at the time of their death, the damages awarded from a wrongful death claim are typically distributed according to the instructions in the will. This is usually done after any debts or taxes that the deceased person owed are paid from the deceased person’s estate.
However, if the deceased person died without a will (intestate), Oklahoma’s intestate succession laws determine who is eligible to receive the money from a wrongful death claim. Generally, the distribution pattern follows the line of closest kinship. For instance, if the deceased person is survived by a spouse and children, they will be the primary beneficiaries. If there is no surviving spouse or children, the next in line could be the parents, siblings, or other relatives.
The specific distribution of damages can be complex. It includes various categories such as loss of consortium for the spouse, loss of guidance for children, the grief of parents, as well as medical and funeral expenses.
Each wrongful death claim is unique and involves complex laws. A skilled wrongful death attorney from Aizenman Law Group is equipped with the knowledge of these state laws and statutes that can help guide you through the legal process, ensuring that you understand who will receive financial compensation awarded in your wrongful death case.
What to Do After a Wrongful Death Accident
When a wrongful death occurs in your family, pursuing legal action may not be the first thing on your mind. However, it’s important that you act quickly. By consulting our Tulsa wrongful death attorneys as soon as possible, they can ensure that your case is handled appropriately and that you don’t miss any important deadlines.
In Oklahoma, wrongful death cases are subject to a statute of limitations; a time limit that the courts have jurisdiction to punish the violators and compensate the family of the victim. Within this period, you need to collect photographs, police and witness statements, and other pieces of evidence to build a strong case. Your attorney can help you accomplish this and is ready to provide the support and guidance you need during this difficult time. Additionally, our vast resources include the ability to consult outside experts, including forensic analysts, accident reconstructionists, and medical specialists who can provide additional evidence and testimony.
Contact a Wrongful Death Lawyer in Tulsa Today
Experiencing the loss of a loved one due to someone else’s negligence or misconduct is devastating. However, you don’t have to go through this process alone. Contact a personal injury attorney at Aizenman Law Group as soon as possible to speak with a compassionate and dedicated attorney that will seek fair compensation on your behalf.
Call 631-769-8431 now.
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Aizenman Law Firm- Tulsa Office
5800 E. Skelly Drive, Suite 575
Tulsa, OK 74135
Phone Number: 631-769-8431