Areas of Practice
If you’re considering a wrongful death case, turn to Tulsa attorneys Stanley Morgan Personal Injury Law Firm. Our experienced team will work with you to hold the guilty party or parties accountable for the loss they have caused.
By definition, a wrongful death claim is a type of personal injury lawsuit brought forward when someone is killed due to another party’s negligence or intentional act. Oklahoma Statutes Chapter 12, Section 1053 puts it more simply, defining wrongful death as a situation “when the death of one is caused by the wrongful act of another.” These claims allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. In Oklahoma, such suits are filed by a “personal representative” of the deceased’s estate on behalf of surviving family members and other affected parties.
Wrongful death suits can be filed in a variety of situations, from auto accident fatalities due to negligence or death caused by medical malpractice to cases where the victim is intentionally killed. In any of these cases, a number of different types of damages (compensation) may be sought. These include:
- Pre-death pain and suffering of the deceased (known as a “survival claim”)
- Medical costs incurred as a result of the injury prior to death
- Costs related to the funeral and burial of the deceased
- Loss of wages (the deceased’s expected income) and benefits
- Loss of the value of services the deceased would have provided
- Loss of any inheritance as a result of the death
- Loss of care, guidance, and nurturing that the deceased would have provided
- Loss of love and companionship
- Loss of consortium (the inability of one’s spouse to have normal marital relations)
Wrongful death cases are civil suits and are held separately from any criminal case involving the same set of facts. In Oklahoma, they must be filed within two years of the death of the deceased, regardless of the outcome of any criminal case.
As you might imagine, there are many more complex issues to deal with when pursuing a wrongful death case. At Stanley Morgan, we can answer your questions, represent your best interests, and see your case through to a judgment that seeks justice for the deceased.