Wrongful Death Attorneys
If you lost your family member in an accident due to someone else’s negligent conduct, do not hesitate to contact the Law Offices of David L. Powell for legal representation. You might be entitled to compensation for your incurred expenses and additional losses.
You deserve the opportunity to hold the negligent party liable for your loved one’s death. That person or company’s careless behavior caused the accident, and they should face the consequences of their actions. You should not be responsible for the costs associated with your family member’s medical treatment, funeral, and other bills. The at-fault party should bear the financial burden.
You can count on the personal injury lawyers of Law Offices of David L. Powell to fight hard for the maximum compensation you deserve. We will guide you through the entire process and offer our support during this devastating time in your life. You will be our priority while we’re working on your case. Our legal team will remain by your side throughout.
Our Sallisaw wrongful death attorneys are ready to take on your case and try to resolve it favorably. We will do our best to meet your needs and help you and your family recover the money owed to you for your loved one’s death. We bring our years of experience and knowledge to every legal matter we take on. You don’t have to go through this alone.
Call the Law Offices of David L. Powell for your free case evaluation at 479-222-6773 today. We have four conveniently located offices in Oklahoma and Arkansas to serve you.
Types of Wrongful Death Cases the Law Offices of David L. Powell Can Handle
Anyone can encounter a dangerous situation and sustain a fatal injury. When someone dies in a traumatic accident someone else caused, surviving family must pick up the pieces. The aftermath of a loved one’s death can be overwhelming. You’re trying to cope while also settling their estate and pursuing legal action.
The compassionate attorneys of Law Offices of David L. Powell understand the challenges you face. We will provide the representation and services you need. We take wrongful death cases involving diverse circumstances, such as:
- Brain injuries – A traumatic brain injury disrupts the brain’s normal functioning, causing a range of debilitating symptoms. Headaches, dizziness, and confusion are common following a bump or blow to the head. Accident victims can make a full recovery. However, severe brain injuries can cause irreversible damage that could lead to a person’s death.
- Slip and falls – A slip and fall accident happens when a person slips on a hazard and falls. Sometimes, the fall is on the same level. Other times, it happens in a stairwell or high off the ground. Falls often turn deadly when the victim suffers a debilitating injury during the incident.
- Auto accidents – Human error plays a role in most car crashes. Driving under the influence, speeding, distracted driving, and other careless actions place the occupants of other vehicles in harm’s way. Fatal traffic accidents are common in the United States. In 2020, 38,824 people died in motor vehicle crashes.
- Medical malpractice – When a chiropractor, dentist, surgeon, or another healthcare professional makes an unreasonable mistake or fails to provide a reasonable standard of necessary services, their patients suffer. Medical errors, such as misdiagnosing a disease or prescribing the wrong medication, can have fatal consequences.
- Truck accidents – Prospective drivers must undergo training and obtain a special license to operate a commercial truck. Collisions between large trucks and small cars often cause more harm to the occupants of the smaller vehicle. Inexperienced and negligent truckers may not know how to maneuver their enormous vehicles safely around others.
If your relative died in any of these or some other situation where someone else was at fault, contact the Law Offices of David L. Powell to learn about your legal options. One of our wrongful death attorneys in Sallisaw, OK, can review the circumstances and determine what we can do to help.
Common Causes of Wrongful Death
According to Oklahoma Statute § 12-1053, wrongful death is the death of a person caused by someone else’s omission or wrongful act. Fatalities are an unfortunate part of life. Accidents happen that can lead to life-threatening injuries. Whether someone drives to work in the morning or trusts a doctor to operate on them, another person’s negligence could cause their death.
The factors contributing to wrongful death depend on the type of accident. The most common causes are below.
Brain injuries result from a traumatic jolt or blow to the head or body. They can happen in various situations. Although many people regain normal functioning with treatment, some experience complications. The injury can become fatal due to various factors, such as brain swelling, internal bleeding, and inadequate medical care.
The most common causes of fatal brain injuries include:
- Truck accidents
- Car accidents
- Fall from heights
- Delayed diagnosis or treatment
Slip and Fall
A guest visiting a business or someone’s home could come across dangerous conditions and suffer a fatal injury in a fall. The most common causes of traumatic slip and fall accidents include:
- Steep or defective staircases
- Unpaved parking lots during the winter
- Damaged or missing railings on a balcony
- Lack of warning signs near hazards
Fatal accidents often result from driver error. High-speed collisions can cause severe injuries and death. Various factors could contribute to fatalities in an auto accident, such as:
- Driving under the influence
- Running a red light or stop sign
- Speeding or driving too fast for conditions
- Weaving in and out of traffic
Patients trust their doctors to diagnose a disease, treat an injury, and provide sound medical advice. Negligence can prevent people from receiving the treatment they need to get better. Complications might arise that put the patient’s health and life at risk if the healthcare professional makes a mistake. Common types of medical malpractice cases that can lead to a patient’s death include:
- Failure to discover an infection and begin prompt treatment to prevent further spread
- Misdiagnosing a heart attack, stroke, or another life-threatening condition
- Prescribing medication without reviewing medical history or possible drug interactions
- Administering too much anesthesia during an operation
Drivers and passengers in small cars experience a violent impact during a collision with an 80,000-pound commercial truck. The sudden force and change in direction are too much for the body to handle. The truck driver, motor carrier, or another party could be liable for the fatal accident. The most common causes of truck accidents include:
- Defective truck part supplied by the manufacturer causing the vehicle to malfunction
- Motor carrier hiring an unqualified truck driver during a staffing shortage
- Truck driver tailgating, speeding, or operating the vehicle carelessly
- Inadequate maintenance and repairs on the truck
Steps to Follow After Losing Someone in a Fatal Accident
A family member’s death can be unexpected and shocking. It’s even worse knowing your loved one might still be here if someone else’s careless behavior hadn’t put them in danger. When someone in your family dies due to another person’s negligence, it is your right to take legal action. You can hold the at-fault party accountable for what they have done and pursue compensation.
You must begin the process immediately after the death. It’s critical to contact the Law Offices of David L. Powell and hire one of our wrongful death attorneys in Sallisaw, OK. Pursuing a wrongful death case can be complicated. It’s time-consuming and requires following various laws and procedures. We are familiar with matters like this and can handle every step on your behalf.
We will begin with an investigation into the incident and gather the evidence we can use to prove fault. We need to show the insurance company that your loved one’s death came about because of the actions of someone else. If liability exists, we can file a claim and negotiate a settlement. However, the insurance company might not accept our demands for compensation. They could counter with an inadequate settlement amount or deny the claim altogether. If necessary, we have the resources to file a wrongful death lawsuit and fight the negligent party in court.
If you suspect any wrongdoing related to your loved one’s death, you should maintain all related records you receive. Keep a copy of every document associated with the incident, such as your family member’s medical bills, police reports, hospitalization records, and death certificate. The Law Offices of David L. Powell can review everything, obtain evidence ourselves, and determine what we can use to show that you are entitled to compensation.
Compensation Available for Wrongful Death
State law only allows only the personal representative of the deceased’s estate to pursue a wrongful death case in civil court. This person represents the deceased and their surviving family members who are entitled to compensation. Typically, the personal representative is a close relative, such as a parent or spouse. However, if your loved one didn’t choose a personal representative for their estate, the court will have to appoint one.
The compensation you receive in a wrongful death claim could compensate you and your family for losses, such as:
- Final medical bills related to the deceased’s injury or illness
- Loss of consortium for the surviving spouse
- Lost wages and benefits the deceased would have earned if they survived the accident
- Mental pain and anguish the deceased endured between the date of their fatal injury and death
- Loss of companionship and grief experienced by surviving parents and children
Statute of Limitations to File a Lawsuit
If you want to file a lawsuit against the negligent party responsible for your loved one’s death, you must adhere to the statute of limitations. Oklahoma’s statute allows a two-year period. That means you have two years from the date your loved one died to initiate your lawsuit in court. If two years pass and you have not filed suit, you could lose your right to compensation.
The attorneys of Law Offices of David L. Powell have represented accident victims and their families for many years. Our Sallisaw wrongful death attorneys understand the uphill battle you face while seeking justice and coping with your loved one’s death. We will be there to assist you with every aspect of your case.
If your loved one died due to someone’s negligence, call us at 479-222-6773 for a free consultation. We have offices in Oklahoma and in Arkansas to serve you.