Ylla | Gosney Attorneys at Law represent the families of wrongful death victims in Norman OK. The sudden loss of a loved one is unimaginable to many until the day it happens. Many people in this situation find themselves at a loss of where to turn, but the Wrongful Death Attorneys at Ylla | Gosney are here to guide you toward the next steps in the legal process after the wrongful death of a loved one.
For a confidential, no-cost consultation, contact us today to discuss your case and get the trusted legal counsel you need during this difficult time.
Do I Need a Wrongful Death Lawyer
At Ylla | Gosney, we explore every avenue of compensation after the untimely loss of a loved one. There are often costs associated with a tragedy like this that are often overlooked or ignored by insurance companies. Our legal team pursues the full extent of damages for you and your family. We take a personable approach when it comes to recovering damages and preventing Norman, Oklahoma, families from being taken advantage of or neglected by insurance companies during this difficult time. The damages we will pursue for victims of a wrongful death include:
- Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
- Funeral and burial expenses
- Lost income, which includes income from the time of the accident and future lost income
- Loss of household services your loved one used to provide
- Pain and suffering the decedent was exposed to before their untimely death
- Medical bills the decedent may have accumulated
- Loss of consortium
Who Can File a Wrongful Death Claim in Norman OK
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
How Much Time Do I Have to File a Wrongful Death Lawsuit in Oklahoma?
According to the Statute of Limitations in Oklahoma, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years, to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective breaks on a truck caused a cyclist to crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.
What Factors Influence a Wrongful Death Settlement?
Settlement amounts in fatal accidents vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case. These details include:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: Oklahoma is a modified Comparative Negligence State. In the state of Oklahoma, your settlement can be reduced or eliminated if the decedent is found more than 49% at fault in the accident that caused their death.
- Insurance policy limits of the at-fault party: if the accident was caused by a careless driver, then your settlement will most likely come from their insurance policy. Drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
These details are often revealed through legal processes. One of our attorneys will guide you through each one step by step. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
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.