Oklahoma City Wrongful Death Lawyers

Let Our Firm Help You & Your Family Through This Difficult Time

Losing a loved one is one of life's most difficult and painful experiences. When that loss occurs due to the negligence or wrongful actions of another party, the emotional and financial burden can be overwhelming. At Martin, Jean, Jackson, Martin & Peach, our team of experienced attorneys is here to provide the legal guidance and support you need during this challenging time. We are dedicated to helping the families of Oklahoma City seek justice and compensation in wrongful death cases.

Call (405) 221-9699 or fill out our online contact form today to schedule a free consultation.

What is Wrongful Death?

In Oklahoma, a wrongful death occurs when a person’s death is caused by the wrongful act, omission, or negligence of another individual, business, or entity. Essentially, if the victim could have filed a personal injury claim had they survived, their surviving family members may be able to file a wrongful death claim on their behalf.

Common causes of wrongful death include:

• Car, truck, and motorcycle accidents caused by reckless or drunk drivers
• Medical malpractice, including surgical errors and misdiagnoses
• Workplace accidents and unsafe working conditions
• Defective products or dangerous consumer goods
• Nursing home neglect or abuse
• Premises liability incidents, such as fatal falls or unsafe property conditions

Wrongful death cases are both emotionally and legally complex. Our attorneys at Martin, Jean, Jackson, Martin & Peach handle the legal details so families can focus on healing.

Oklahoma Wrongful Death Laws

Oklahoma’s wrongful death laws are found in Title 12, Section 1053 of the Oklahoma Statutes. This law allows the personal representative (or executor) of the deceased person’s estate to file a wrongful death lawsuit on behalf of the surviving family.

Key legal elements of a wrongful death case include:

1. Duty of care – The defendant owed a legal duty to the deceased.
2. Breach of duty – The defendant breached that duty through negligence or wrongdoing.
3. Causation – The breach directly caused the death.
4. Damages – The surviving family members suffered measurable losses as a result.

In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Missing this deadline can prevent families from recovering compensation, which is why consulting an experienced Oklahoma City wrongful death lawyer as soon as possible is essential.

Who Can File a Wrongful Death Lawsuit?

Under Oklahoma law, the personal representative of the deceased’s estate is responsible for filing the wrongful death lawsuit. If the deceased did not have an appointed representative, the court may assign one — often a spouse, adult child, or another close relative.

The damages recovered in a wrongful death case are distributed to the deceased’s surviving family members. Typically, compensation is divided among:

• The surviving spouse
• Children of the deceased
• Parents, if the deceased was unmarried or had no children
• Other heirs, depending on the family structure and estate plan

At Martin, Jean, Jackson, Martin & Peach, we guide families through the process of appointing a representative, gathering necessary documentation, and ensuring every eligible family member is included in the claim.

Compensation for Wrongful Death

While no amount of money can replace a loved one, financial compensation can help relieve the economic burden left behind and bring a sense of justice. Oklahoma allows recovery for both economic and non-economic damages, including:

Economic Damages

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of income and benefits the deceased would have earned
• Loss of household services provided by the deceased

Non-Economic Damages

• Pain and suffering experienced by the deceased before death
• Grief and emotional distress of surviving family members
• Loss of companionship, care, and guidance
• Loss of consortium for spouses

In certain cases, punitive damages may also be awarded if the defendant’s conduct was especially reckless, malicious, or intentional. These damages are meant to punish wrongdoing and deter similar acts in the future.

Our Oklahoma City wrongful death lawyers work closely with financial experts, medical professionals, and accident reconstruction specialists to calculate the full value of a claim — ensuring no aspect of loss is overlooked.

Wrongful Death FAQs

How long do I have to file a wrongful death lawsuit in Oklahoma?

You generally have two years from the date of death to file a claim. If the lawsuit is not filed within this period, you may lose the right to recover damages.

What is the difference between wrongful death and criminal homicide?

A wrongful death case is a civil lawsuit seeking financial compensation, while a criminal case seeks punishment for violating state laws. These cases can occur simultaneously, but they are separate legal actions.

Can multiple family members file a wrongful death lawsuit?

No. Only the personal representative of the deceased’s estate can file the lawsuit. However, the compensation recovered will benefit all eligible surviving family members.

What if the deceased was partially at fault?

Oklahoma follows a comparative negligence rule, meaning damages may be reduced based on the deceased’s percentage of fault. As long as the deceased was less than 50% at fault, compensation is still possible.

How much is my wrongful death case worth?

Every case is unique. The value depends on factors such as the victim’s age, income, life expectancy, and the degree of negligence involved. Our attorneys conduct a detailed assessment to ensure fair and full compensation.

Ready to Fight for Your Loved One

At Martin, Jean, Jackson, Martin & Peach, we understand the emotional turmoil that losing a loved one can bring. If your family member's death was preventable and occurred as a result of nursing home abuse, our experienced Oklahoma City wrongful death attorneys are here to help you seek justice.

Our services include:

• Investigation: We will thoroughly investigate the circumstances surrounding the death of your loved one, gathering evidence to support your claim.
• Legal Guidance: Our experienced attorneys will provide you with sound legal advice, helping you understand your rights and the legal options available to you.
• Negotiation: We will negotiate with insurance companies and responsible parties to seek a fair settlement on your behalf.
• Litigation: If a fair settlement cannot be reached, our skilled litigators will take your case to court and fight for your rights before a judge and jury.
• Compassion: Throughout the legal process, we will offer emotional support and compassion to you and your family.

Contact our OKC wrongful death attorneys today at (405) 221-9699 to schedule a free consultation.