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.
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.
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.
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.