Ylla | Gosney, Attorneys at Law, represents the families of fatal accident victims in Choctaw, Oklahoma. If you’ve suffered the untimely loss of a loved one in a fatal accident due to the careless actions of another, the Wrongful Death Attorneys at Ylla | Gosney can help. Our attorneys will provide you and your family with the legal services needed to recover funeral costs, emotional damages, and financial losses sustained due to the unfortunate incident.
We understand how overwhelming this process can be, but you don’t have to go it alone. Contact us today for a confidential, no-cost consultation to understand what legal options are available.
Do I Need a Wrongful Death Lawyer?
If you’ve suffered the sudden loss of a loved one in a fatal accident in Choctaw, one of the best things you can do to help your situation is to consult with a Wrongful Death Lawyer. A lawyer will file a wrongful death lawsuit against the liable parties to ensure they’re held accountable for compensating those who have had to endure the loss of a family member or loved one.
A wrongful death settlement or verdict typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death damages include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
When to Consult with a Lawyer for a Fatal Accident
Generally speaking, wrongful death claims must be asserted on behalf of the deceased’s personal representative within the statute of limitations of two years. There are exceptions to the statute of limitations which are listed in the link contained in this article. It is important to know that if you miss the deadline for filing a wrongful death claim, you waive your rights to recover damages. For that reason, it is important to consult with a Wrongful Death Attorney at Ylla | Gosney as soon as possible.
Additionally, the following is a list of reasons families should contact a lawyer after a fatal bicycle accident:
- Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident, such as a bicycle accident or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
- The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
- You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages families have been forced to suffer.
What is a Wrongful Death Lawsuit in Oklahoma?
According to Oklahoma Title 12. Civil Procedure 12-1053, surviving family members or the estate may sue for damages when a person dies as the result of someone else’s wrongful act. Family members can file a wrongful death lawsuit in Oklahoma regardless if the act of causation was careless, reckless, or intentional, however, the nature of the fatal action will impact many aspects of the case such as financial compensation, punishment, and liability.
Who Can File a Wrongful Death Claim in Choctaw
According to Oklahoma Statutes Title 12. Civil Procedure §12-1053, the following individuals may file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
Evidence Needed in a Wrongful Death Claim
Solid evidence is the foundation of any wrongful death claim. At Ylla | Gosney we can help you gather proof necessary to prove your loved one’s life was wrongfully cut short and ensure your family is fairly compensated for this untimely loss. Key pieces of evidence that may be included in a wrongful death claim are:
- Police Reports: police reports can provide an official account of the events that led up to the death and can determine fault, as well as essential evidence.
- Medical bills: medical bills help to document the extent of the medical care received by the deceased, which can be used to establish the financial impact of the wrongful act.
- Autopsy reports: autopsy reports offer vital medical evidence about the cause of death, which is essential in linking the wrongful act with the cause of death.
- Witness statements: witness statements can provide independent accounts of the incident, offering perspectives that may corroborate or dispute the claims made by other parties.
- Photographs or videos of the scene: visual evidence can be critical to reconstructing the event and demonstrating the conditions that led to the wrongful death.
- Expert opinions or testimony: expert testimony can clarify complex issues and provide authoritative opinions on matters such as causation and long-term effects that the family of the decedent will face.
How Fault is Determined in a Wrongful Death Accident?
A fatal accident may seem straightforward, but assigning liability can be a complex process. This is because the insurance of the liable party will require near indisputable evidence to back up your claim. If there is no substantial evidence, then they may outright deny compensation, or even assign blame to the decedent, leaving you and your family no chance at recovering compensation. This is why establishing fault is essential to recovering damages. At Ylla | Gosney, we’ll help you prove fault in your loved one’s death by showing that the at-fault party:
- Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck, they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. In a fatal car accident, the duty of care would have been ignored if another car had broken a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove that the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff (you and your family) must be able to prove they suffered damages due to the loss of their loved one.
To show that the at-fault party caused your loved one’s death, we will gather evidence on your family’s behalf. The typical evidence in a fatal car accident includes:
- Crash reports, police reports, and witness statements
- Testimony from accident scene investigators and expert witnesses
- Medical evidence, as well as photos
- Video and photos of the accident
- The liable party’s phone records through a subpoena if distracted driving is suspected
What is the Typical Compensation for a Wrongful Death?
Compensation for fatal car accidents can be difficult to predict. With so many variables, no case is the same. Factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses all vary in cost on a case-by-case basis. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered. These damages include:
- The financial support received from the decedent
- Loss of income the decedent would have continued to earn
- Funeral and burial expenses
- Loss of benefits the family would have received from the decedent
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
Even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but it is advisable to consult with our attorneys at Ylla | Gosney to see what options are available to you.
Contact Ylla | Gosney Attorneys at Law
At Ylla | Gosney, we hold the insurance companies responsible and protect the right to compensation for families who have suffered an unfortunate loss at the hands of a careless person. We don’t waste any time in the legal process. We connect you with an attorney, build your case, and get you and your family a fair settlement, so you can take the time to grieve and focus on more important things.
If you’d like more information, our door is always open. Contact us today for a confidential, no-obligation consultation. We’d be happy to help you understand your legal options and offer you our support during this difficult time.