Best Wrongful Death Lawyers Oklahoma City, OK Of 2024 (2024)

Losing a loved one due to negligence can be an incredibly difficult experience. While grappling with the emotional pain, the deceased’s family may also face significant financial burdens like medical expenses and funeral costs. A wrongful death claim can provide much-needed monetary support during this time.

We’ve compiled a list of the best wrongful death lawyers in Oklahoma City committed to advocating for your rights and helping you secure the fair compensation you deserve. Our guide also includes information about important laws related to wrongful death cases in Oklahoma.

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• Best Oklahoma City Wrongful Death Lawyers
• Compare Top Oklahoma City Wrongful Death Attorneys
• Filing a Wrongful Death Lawsuit in Oklahoma City, OK
• How Can An Attorney Help You?
• How To Find the Best Wrongful Death Lawyer in Oklahoma City, Oklahoma
• Our Methodology for Finding the Best Oklahoma City Wrongful Death Attorneys
• Frequently Asked Questions (FAQs) About Wrongful Death

• T. Luke Abel
• James Belote
• Michael M. Blue
• Joe Carson
• Keith F. Givens
• Gary B. Homsey
• Chad Kelliher
• Jason Ryan
• Larry A. Tawwater
• Jeremy Aaron Thurman

A wrongful death lawsuit offers a legal means to hold accountable the individuals or entities responsible for a loved one’s death. These cases can also provide financial relief related to costs like medical bills and burial expenses, as well as compensation for noneconomic damages such as mental pain and anguish, loss of consortium and loss of companionship. Punitive damages may also be awarded if the at-fault party’s actions were exceptionally reckless or malicious.

The following sections provide important information on who can file a wrongful death claim, how the process works, how awards are distributed and how a wrongful death lawyer can assist you.

Oklahoma Statute of Limitations for Wrongful Death Cases

In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. This time limit is strict, meaning that if you don’t file the lawsuit within this two-year window, the court will likely bar your case, and you’ll lose your chance of holding negligent parties accountable.

The lawsuit doesn’t need to be resolved within these two years—it only needs to be filed before the statute of limitations expires. Filing early allows you to obtain compensation that aligns with the loss you suffered. It also allows you and your legal team to build a strong case using time-sensitive evidence that could otherwise be lost or corrupted if you wait too long.

Oklahoma Wrongful Death Laws

Several laws shape important aspects of a wrongful death lawsuit, such as who can file, how much can be awarded and how the award is calculated. Here’s an overview of those laws:

• Filing a wrongful death claim. In Oklahoma, only the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of the estate. This differs from many states, where immediate family members can file the lawsuit directly. If the deceased had a will, the personal representative is typically named therein. For people with no will, the court will appoint a personal representative, who can be a surviving spouse, adult child, parent, sibling or another individual. If the deceased is an unborn child, the child’s parents or grandparents can file a lawsuit against their doctor.
• Damage caps. Oklahoma doesn’t impose any monetary cap on the amount that can be awarded for economic losses in a wrongful death case. Noneconomic losses are capped at $350,000, except in cases where the judge and jury find the defendant guilty of malicious intent, gross negligence, fraud or reckless disregard for others’ rights. Under these circ*mstances, courts do not require a cap for noneconomic losses. There are also caps on punitive damages:
  • If the defendant acted with reckless disregard for others, punitive damages are capped at $100,000 or the amount of compensatory damages awarded, whichever is greater.
  • If the defendant acted intentionally and with malice, the cap increases to $500,000, twice the amount of actual damages or the increased financial benefit derived by the defendant, whichever is greatest.
  • If the defendant acted intentionally and put someone’s life at risk, punitive damages aren’t capped.
• Modified comparative negligence. Oklahoma follows the doctrine of modified comparative negligence—specifically, the 50% rule, which mandates the amount of compensation you receive is reduced by the percentage of fault attributed to the deceased. If the deceased is found to be more than 50% at fault for the incident, their family is barred from recovering any damages.

Wrongful Death Settlement Considerations

Most wrongful death claims in Oklahoma are settled before going to trial. The process typically begins with your wrongful death lawyer sending a demand letter to the defendant’s insurance company requesting payment to cover damages. This letter outlines the damage claims and the basis for the liability of the defendant.

If the insurer disagrees with the demands, negotiations may follow to reach a fair settlement. Should negotiations fail, the case may proceed to trial.

Insurance companies in Oklahoma generally have 30 business days to acknowledge a wrongful death claim and provide filers with the necessary paperwork and instructions. The insurer has 60 days from the date the claim was opened to complete their investigation and to notify you of their decision.

The insurer will inform you if they need more time for their investigation, but this phase cannot exceed 120 days unless the incident involves arson or fraud. If the amount sought exceeds the insurance policy limit, the defendant may have to cover the remaining balance directly.

Once a settlement is reached, the attorney deducts their fees. Most wrongful death attorneys work on a contingency fee basis, meaning they take a percentage of the settlement amount rather than requiring upfront payment. Typically, this fee ranges from 33% to 40%.

The personal representative then distributes the remaining funds among the surviving loved ones per the judge’s decision. Beneficiaries can choose to receive the payment as a lump sum or in increments over time.

Compensatory damages for noneconomic losses in wrongful death settlements are generally tax-free. Portions of damages that reflect lost wages or medical expenses can be taxed, as can punitive damages.

While you don’t need a lawyer to file a wrongful death claim, the complexity of the process can make having a lawyer invaluable. An attorney can help you determine which damages you are entitled to. By leveraging their experience in similar cases, they can assign a fair value to your losses, ensuring you recover the full extent of your damages.

A lawyer can also assist in accurately filling out all necessary paperwork, which can prevent errors and resulting delays. Your attorney also helps gather evidence proving your damages and the defendant’s negligence. During negotiations with the insurance company, a lawyer can protect you from being pressured into accepting a low offer.

If the insurance company refuses to offer a fair settlement, the attorney will fight for you in court. The presence of an attorney often encourages the opposing party to settle for a more reasonable amount because it signals to the defendant that you are serious about securing adequate compensation.

There are many wrongful death lawyers in Oklahoma City, but not all may suit your particular case. Here are some factors to keep in mind when deciding which attorney is right for you:

• Experience in wrongful death cases. Look for a lawyer with prior experience handling wrongful death claims, particularly cases similar to yours. For instance, if your loved one died in a DUI accident in Oklahoma, seek an attorney who has won other DUI death cases.
• Reputation and client reviews. Investigate the lawyer’s reputation by checking platforms like the Better Business Bureau, Yelp, Google Reviews and Trustpilot. Additionally, reviews on social media platforms can provide insight into past clients’ experiences. A lawyer with a strong reputation will likely offer reliable, effective representation.
• Resources and network. Select a lawyer with strong community connections and access to a network of professionals, including medical experts and accident reconstruction specialists. These people and their expertise can be essential for building a robust case, as they can provide critical evidence and expert testimony to support your claims.
• Contingency fee basis. Opt for a lawyer who works on a contingency fee basis, meaning they only get paid if they win your case. This fee arrangement minimizes your financial risk and motivates the lawyer to secure the highest possible compensation. Make sure you understand the percentage they will take from the settlement so you are prepared for the costs involved.

Forbes Advisor considered many factors to determine the best wrongful death lawyers in Oklahoma City of 2024. Its mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It may not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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