Tulsa Wrongful Death Lawyers

Helping Families in Oklahoma Obtain Compensation on Behalf of Their Loved Ones

At Martin, Jean, Jackson, Martin & Peach, our skilled wrongful death attorneys protect the rights of Tulsa families who have lost their loved ones in fatal accidents caused by the negligence of others. When our legal team takes on wrongful death cases, we do so to make sure the memory of the deceased is honored and their loved ones are taken care of in their absence. In addition to helping families obtain the compensation they deserve for the tragedy they have experienced, we take on wrongful death cases to prevent others from having to go through similar tragedies in the future.

With more than 100 years of combined experience practicing law, our law firm is ready to take on any wrongful death claim and pursue maximum compensation for you and your family. We have recovered more than $500 million on behalf of more than 20,000 clients. When you choose our legal team to represent you, we dedicate all our efforts to achieving maximum results in your case.

Have you lost a loved one due to negligence? Call Martin, Jean, Jackson, Martin & Peach today or contact us online to schedule a meeting with our experienced wrongful death attorneys in Tulsa!

What is Wrongful Death?

Wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional actions. These cases often arise from incidents such as:

• Oil Field Accidents
• Nursing Home Injuries
• Product Liability Injuries
• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Industrial Accidents
• Work-Related Injuries

A wrongful death claim is a civil lawsuit brought against the responsible party. It is separate from any criminal charges that may be filed, meaning a defendant can be held financially liable even if they are not convicted in criminal court.

Oklahoma Wrongful Death Laws

Under Oklahoma law, wrongful death claims are governed by specific statutes that dictate who can file a claim, what damages may be recovered, and how long you have to take legal action.

Statute of Limitations

In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. Failing to file within this timeframe may result in losing your right to pursue compensation.

Personal Representative Requirement

Oklahoma law requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This individual acts on behalf of surviving family members, such as spouses, children, or parents.

Burden of Proof

To succeed in a wrongful death claim, the plaintiff must demonstrate that:

1. The defendant owed a duty of care to the deceased
2. That duty was breached
3. The breach caused the death
4. Damages resulted from the death

Our Tulsa wrongful death attorney can help gather evidence, consult experts, and build a compelling case to meet these legal requirements.

Who Can File a Wrongful Death Lawsuit?

In Oklahoma, the wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. However, the claim is brought on behalf of surviving family members, which may include:

• The surviving spouse
• Children (including adopted children)
• Parents of the deceased
• Other next of kin, depending on the circumstances

The court may appoint a personal representative if one has not already been designated. This process can be complex, making it important to have legal guidance from the start.

Compensation for Wrongful Death

A wrongful death claim seeks to compensate surviving family members for both economic and non-economic losses. Depending on the case, damages may include:

Economic Damages

• Medical expenses related to the fatal injury
• Funeral and burial costs
• Loss of the deceased’s income and benefits
• Loss of household services

Non-Economic Damages

• Loss of companionship and consortium
• Emotional pain and suffering of surviving family members
• Loss of guidance and support

Punitive Damages

In cases involving particularly reckless or intentional conduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.

Every case is unique, and the value of a wrongful death claim depends on various factors, including the age, health, and earning capacity of the deceased, as well as the circumstances surrounding the death.

Wrongful Death FAQs

How long does a wrongful death case take?

The timeline varies depending on the complexity of the case, the willingness of parties to settle, and court schedules. Some cases resolve in months, while others may take longer if they go to trial.

What if the deceased was partially at fault?

Oklahoma follows a modified comparative negligence rule, meaning compensation may still be available if the deceased was less than 50% at fault. However, the total award may be reduced based on their percentage of fault.

Can multiple parties be held liable?

Yes. In many cases, more than one party may share responsibility for the death. Identifying all liable parties is crucial to maximizing compensation.

Do I need a lawyer for a wrongful death claim?

While not legally required, having an experienced Tulsa wrongful death lawyer significantly improves your chances of a successful outcome. Legal counsel ensures your rights are protected and helps navigate complex procedures.

How much does it cost to hire a wrongful death lawyer?

Most wrongful death attorneys, including Martin, Jean, Jackson, Martin & Peach, work on a contingency fee basis, meaning you pay no upfront fees and only owe legal costs if your case is successful.

If you’re ready to pursue justice for your loved one, reach out to our Tulsa wrongful death lawyers now. We’re here to fight for the compensation and peace of mind you deserve!