Navigating the Legal Process After a Wrongful Death in an Accident

An unexpected death can upend a family and the lives of loved ones left behind. When an unexpected death happens because of the negligent actions of another party, families can have an extremely difficult time coping with how the fatal accident happened and why. Also, having to think of taking legal action can be very overwhelming at a time that is likely already incredibly stressful.

A wrongful death claim may be warranted, however. The financial ramifications that arise out of the loss of a loved one have the potential to be significant, and recovering monetary compensation is essential. Knowing what to expect and how to navigate the wrongful death claims process after an accident can be helpful during a time like this.

There are several stages in the wrongful death claims process. These include:

• Knowing how long you have to file your claim is imperative to your ability to obtain compensation. This amount of time you have is the statute of limitations. The Oklahoma statute of limitations for wrongful death actions is two years from when the individual passed away.
• Meet with a probate attorney so you can sue on behalf of the deceased party. If minor children are left behind, a guardian will be named to protect their interests.
• Evaluate the fatal accident to determine what damages a claim should seek. For example, there may be medical bills to be paid, final expenses, and lost wages that the deceased would have earned if they had lived. If the fatal accident was the result of actions another party took that were particularly egregious, then punitive damages may apply as well.
• Building a robust claim means gathering as much evidence as possible to prove the extent of the damages that are being sought. Examples of evidence would be medical bills, witness accounts, doctor’s reports, or paychecks.
• Settlement negotiations that are productive and successful could be a way to obtain fair compensation without going to court. Most wrongful death accident claims are usually settled this way; however, sometimes, an agreement can’t be reached.  If this happens, a wrongful death case will go to court.
• If a case does go to trial then the judge and jury will determine the outcome. The process will take longer than it would if a settlement were reached and going to court is also more costly than settling.
• If there were errors during your trial and the outcome was not desirable because of these issues, then appealing the decision could be worth your time. Your lawyer will advise you on your rights and if appealing is in your best interest.

Speak to an Attorney at the Putnam Law Office Today

The legal process after a wrongful death accident can be complex, especially when you are grieving. However, loved ones deserve accountability from all liable parties for their losses. A wrongful death claim can help loved ones recover financial compensation.

For help after an Oklahoma wrongful death accident, please call an Oklahoma City wrongful death lawyer at the Putnam Law Office to schedule a free consultation at (405) 849-9149 with an experienced attorney.