At Gorospe Law Group, we recognize the devastating impact losing a loved one wrongfully can have on a family. Our legal team is dedicated to providing compassionate and comprehensive support to families pursuing wrongful death claims. We are committed to holding those responsible accountable and securing the compensation needed to provide financial stability and a sense of justice during this challenging time. Trust Gorospe Law Group to handle your Tulsa wrongful death claim with the utmost care and sensitivity. We will guide you through the legal process and be by your side every step of the way. Contact us today for your free consultation with our Tulsa, OK wrongful death lawyer. Call (918) 582-7775.
Trust Gorospe Law Group with Your Tulsa Wrongful Death Claim
By engaging Gorospe Law Group for your Tulsa wrongful death claim, you will have dedicated and experienced legal representation to support you during this difficult time. Here’s why you can trust us in your claim:
- Experienced Representation: With over 20 years of legal experience, Tulsa, OK personal injury attorney Anthony Gorospe brings his skillsets as a former insurance defense attorney and prosecutor to handle wrongful death claims with professionalism and attention to detail.
- Proven Success: Our firm has a history of securing significant settlements and favorable outcomes for our clients in the personal injury space. We are committed to achieving justice and compensation for those we represent.
- Personalized Attention: We maintain a manageable client roster to provide each case with personalized attention and tailored legal strategies so that we make sure your unique needs are met.
- Contingency Fee Policy: We operate on a contingency fee basis, meaning you pay no upfront costs or legal fees unless we win your case. This policy allows you to pursue justice and compensation without worrying about financial stress.
Why Legal Representation is Necessary in a Tulsa Wrongful Death Claim
During a time of such terrible grief, facing a wrongful death claim can be challenging and overwhelming. Legal representation is essential for several reasons:
- Handling Complex Laws: Anthony Gorospe understands the intricate legal principles and statutes involved in wrongful death claims. Our legal team will make sure your case is handled correctly.
- Establishing Liability: At Gorospe Law, we will conduct thorough investigations, gather necessary evidence, and prove negligence to establish liability.
- Maximizing Compensation: We will do everything to help you secure fair compensation for economic and non-economic damages, including medical expenses, funeral costs, pain and suffering, and lost income.
- Insurance Negotiations: Anthony Gorospe brings his wealth of experience to handle communications with insurance companies and negotiate settlements with the intent of getting adequate compensation. If need be, we are ready to represent you in court.
The Consequences of Settling a Wrongful Death Claim with the Insurance Company
Wrongful death claims can be significant losses for insurance companies. Insurance adjusters work hard to minimize the amount of compensation paid out as a result. As the victim, your family member deserves full justice for what they have lost. To achieve that, do not settle a wrongful death claim without first speaking to a skilled and experienced attorney. Our wrongful death claim attorneys will hold the insurance company and at-fault parties accountable in several ways:
- Limit their interaction with victim families. This helps to preserve your case. Not having to deal with the insurance company may also minimize the risk of statements that are taken out of context and used against you.
- File claims that are comprehensive and evidence-based. A well-designed legal strategy ensures there is ample evidence to back the claims made. That could minimize delays and make it much more challenging for insurance adjusters to deny claims.
- File complete damage claims. The insurance company will not provide you with a fair settlement, nor will the at-fault party. To know you are getting maximum compensation, you must seek out an attorney to guide you.
- Handle all negotiations. With our dedication to our clients’ outcomes, you can expect us to negotiate aggressively to protect your right to compensation.
- File a lawsuit and force them to take action when needed. A wrongful death lawsuit is costly to insurance companies, but our attorneys will not back down if they are not providing fair compensation to you or your loved one’s estate.
With the guidance of a trusted Tulsa wrongful death attorney, it may be possible to recover the damages you are owed so you can move on with your future. Nothing can make this easier. With the guidance of a legal team with wrongful death experience, you minimize the risk of it getting even worse.
What is a Tulsa Wrongful Death Claim?
Tulsa wrongful death claims are governed by Oklahoma Statutes Title 12, § 1053:
“A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission.”
This statute defines wrongful death as a death caused by the wrongful act, neglect, or default of another person or entity. If the deceased could have filed a personal injury claim had they survived, a wrongful death claim may be pursued by the surviving family members or the estate. Typically, the personal representative of the deceased’s estate files the wrongful death claim. If no personal representative is appointed, immediate family members such as the spouse, children, or parents can file the claim.
Examples of Wrongful Death Claims in Tulsa We Handle
A wrongful death claim occurs when the at-fault party causes the incident or accident that leads to the death of someone. There are many such instances in which this can occur. Our Tulsa wrongful death attorney can help you navigate most types of wrongful death, including:
- Car accident-related deaths
- Truck accident-related deaths
- Medical malpractice claims
- Falls from heights
- Negligent security
- Workplace accidents
- Exposure-related accidents
These are just some examples. Wrongful death can occur in many other cases. If you suspect wrongful death in the loss of your family member, even if you are not sure this has occurred, contact our Tulsa wrongful death attorney to discuss your case. There is no cost for a case evaluation. We can offer insight into whether you likely have the right to take action and what to expect when you do.
Damages in a Tulsa Wrongful Death Claim
Damages in Tulsa wrongful death claims are also governed by Oklahoma Statutes Title 12, § 1053:
“B. The damages recoverable in actions for wrongful death as provided in this section shall include the following: 1. Medical and burial expenses, which shall be distributed to the person or governmental agency as defined in Section 5051.1 of Title 63 of the Oklahoma Statutes who paid these expenses, or to the decedent’s estate if paid by the estate. The provisions of this paragraph shall not apply to the cost of an abortion in actions maintained pursuant to subsection F of this section; 2. The loss of consortium and the grief of the surviving spouse, which shall be distributed to the surviving spouse; 3. The mental pain and anguish suffered by the decedent, which shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent. For the purposes of actions maintained pursuant to subsection F of this section, “next of kin” as used in this paragraph shall mean the parent or grandparent who maintained the action as provided for in paragraph 3 of subsection F of this section; 4. The pecuniary loss to the survivors based upon properly admissible evidence with regard thereto including, but not limited to, the age, occupation, earning capacity, health habits, and probable duration of the decedent’s life, which must inure to the exclusive benefit of the surviving spouse and children, if any, or next of kin, and shall be distributed to them according to their pecuniary loss. For the purposes of actions maintained pursuant to subsection F of this section, “next of kin” as used in this paragraph shall mean the parent or grandparent who maintained the action as provided for in paragraph 3 of subsection F of this section; and 5. The grief and loss of companionship of the children and parents of the decedent, which shall be distributed to them according to their grief and loss of companionship. C. In proper cases, as provided by Section 9.1 of Title 23 of the Oklahoma Statutes, punitive or exemplary damages may also be recovered against the person proximately causing the wrongful death or the person’s representative if such person is deceased. Such damages, if recovered, shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent. For the purposes of actions maintained pursuant to subsection F of this section, “next of kin” as used in this paragraph shall mean the parent or grandparent who maintained the action as provided for in paragraph 3 of subsection F of this section.”
Under this statute, the damages that can be recovered in a wrongful death claim include:
- Medical and Burial Expenses: Costs associated with the medical treatment and burial of the deceased, payable to the person or entity that covered these expenses or to the estate if the estate paid.
- Loss of Consortium and Grief: Compensation for the loss of consortium and grief experienced by the surviving spouse.
- Mental Pain and Anguish: Damages for the mental pain and anguish suffered by the deceased, distributed to the surviving spouse, children, or next of kin.
- Pecuniary Loss: Financial losses incurred by the survivors, including lost wages and potential future earnings of the deceased, based on factors like age, occupation, and health.
- Grief and Loss of Companionship: Compensation for the grief and loss of companionship experienced by the children and parents of the deceased.
In some cases, punitive or exemplary damages may also be awarded to punish the responsible party and deter similar conduct in the future. These damages are distributed among the surviving spouse, children, or next of kin according to their proportionate loss.
Elements of a Successful Wrongful Death Case
The estate representative or close family member bringing the wrongful death claim is tasked with proving negligence or recklessness occurred. To seek wrongful death claims, it is critical to meet all of the following elements:
- Prove there is a duty to use reasonable care towards the decedent. The at-fault party should have kept the individual safe and owed them to do so.
- There was a breach of that duty. The person’s actions or inactions caused the breach.
- Causation occurred. There is evidence that shows the person’s death was directly related and a foreseeable result of the breach of duty that occurred.
- Damages occurred. The estate must show that there are measurable damages resulting from the death.
In each of these situations, a Tulsa wrongful death attorney will find all available evidence to document each component of the claim. This will include:
- Who is believed to be responsible based on the duty of care
- What occurred specifically that could be considered a breach of duty of care
- What evidence exists to back up these claims
- The financial loss associated with the loss of the person’s life to the estate and others
Criminal Charges and Wrongful Death Claims
For some family members, the decision to not seek wrongful death claims results from a mistaken belief that the other party will be punished criminally for their actions. It may be the case that the police department files charges if the at-fault party broke the law. Criminal charges arising from the death are possible.
However, criminal charges do not get justice for the victim. It also does not support the family in recovering damages necessary to restore a person’s future and well-being. The family must continue to suffer the loss of the family member. That includes losses related to financial dependence.
As the family member of the victim of wrongful death, do not assume the criminal justice system is enough. Do not continue to suffer losses when there may be an opportunity to recover damages.
How Our Tulsa Wrongful Death Attorney Will Guide You
In a wrongful death case, the first step is to seek out legal guidance through a case evaluation. Our Tulsa wrongful death lawyer will examine all information you provide and offer preliminary insight into your rights in this case. There is no promise of a recovery of damages, but your attorney will be able to tell you what to expect.
Our attorney will then help you gather the evidence to back up what occurred while also gathering the necessary evidence to calculate losses suffered during the accident, in the immediate aftermath, and on an ongoing basis. There is no cost to you for a case evaluation, and it may offer answers to many of the questions you have.
If you are unsure if wrongful death applies in your loved one’s case, contact our Tulsa wrongful death attorney to discuss your case now. Learn what your rights are, what challenges may be present, and what to expect in terms of recovery of damages.
Contact Our Tulsa Wrongful Death Attorney Today
At Gorospe Law Group, our dedicated team is committed to providing compassionate and comprehensive legal support during this difficult time. With a proven track record of success, our Tulsa wrongful death lawyers are here to guide you through every step of the legal process and fight for the justice your loved one deserves. Don’t face this challenging time alone. Contact Gorospe Law Group today to schedule a free consultation and take the first step toward achieving justice and financial stability for your family. Call us at (918) 582-7775.