Enid Wrongful Death Lawyers Seek Compensation for Survivors
Oklahoma firm pursues damages arising from fatal accidents
When someone suffers a wrongful death — one caused intentionally or negligently by another — it isn’t just the victim who suffers. There is also harm to surviving family members, including those who depended on the deceased for economic and emotional support. At Long, Claypole, & Blakley Law, PLC in Enid, we pursue wrongful death recovery on behalf of the deceased’s estate and the survivors left behind.
Damages recoverable in Oklahoma wrongful death suits include:
- Medical and burial expenses
- Mental pain and anguish suffered by the deceased
- Pecuniary loss to the survivors
- Surviving spouse’s grief and loss of consortium
- Surviving parents’ and children’s grief and loss of companionship
- Punitive or exemplary damages in egregious cases
A wrongful death suit is brought by the personal representative of the deceased, such as an executor or estate administrator, but the damages recovered are paid to the survivors in an apportionment decided by the court. Our personal injury lawyers supply all necessary proofs and expert testimony needed for an informed distribution.
Skilled attorneys handle suits over fatal accidents on the roads, in the workplace or during medical treatment
A wrongful death can occur in any number of circumstances, but the most common fatal incidents are:
- Car accidents — A death resulting from an auto collision can occur instantly or an injured victim may linger on for a prolonged period of suffering. A wrongful death action based on such a crash can seek all of the damages the victim could have sued for while alive, such as medical bills, lost wages and pain and suffering.
- Medical malpractice — When doctors fail to adhere to accepted standards of professional care, the results can be catastrophic. Medical malpractice can occur in the form of failure to timely diagnose an injury or condition, use of inappropriate medical remedies or incorrect performance of surgeries or other procedures. Neglect of patients or errors in administering anesthesia or prescribing medications can also be grounds for suit. In a wrongful death case, the patient’s pain and suffering and other harm endured while alive are taken into account as damages.
- Birth injuries —Death of an infant due to medical negligence or error is actionable. Some of the most common birth injuries include failure to manage oxygen levels in the infant during and after delivery, resulting in brain damage and perhaps death.
- Workplace accidents — Oklahoma’s workers’ compensation system provides death benefits to families of workers who die on the job, but the benefits are limited to the deceased’s weekly wage or the state average weekly worker’s wage, whichever is less. Though an employer usually cannot be sued for occupational injuries, disease or death, a negligent third-party may be held liable. This may include a contractor, a service provider or any other person or entity whose actions may have been a contributing cause of injury or death.
In all wrongful death cases, it is important to consider the possibility of recovering punitive damages. In Oklahoma, these damages are available in situations where a defendant is found to have acted with reckless disregard for the rights of others or intentionally with malice towards others. Depending upon the circumstances, the amount of punitive damages awardable may be unlimited.
Contact an experienced Enid wrongful death lawyer for a free consultation
At Long, Claypole & Blakley Law, PLC, we will give your potential claim sympathetic and thorough analysis and help you proceed towards the full recovery you deserve under Oklahoma law. To schedule a consultation at our Enid office, call 580-599-0191 or contact us online.