Edmond Wrongful Death Attorneys Represent Families of Fatal Accident Victims in Central Oklahoma

Getting survivors fair compensation for grievous losses

At Walsh & Franseen in Edmond, we are zealous advocates for families throughout Oklahoma who have lost loved ones due to the negligence or malicious actions of others. Our mission is to achieve the maximum compensation possible for the loss — not only to help the family move forward but also to make sure that those responsible for the death are held accountable.

What is wrongful death?

A wrongful death is one caused by the deliberate act or neglectful omission of another person. A wrongful death lawsuit allows for recovery of damages for losses suffered by the victim and their immediate family, such as their spouse, children and parents. If your family member was killed due to an auto accident, medical malpractice, crime or other cause, we can determine if you have a viable wrongful death claim and will aggressively pursue a lawsuit against the parties responsible for the death.

Who can file a wrongful death lawsuit in Oklahoma?

In Oklahoma, a wrongful death lawsuit must be filed by the decedent’s personal representative. This may be the executor named in the decedent’s will or, if there is no executor available, a court-appointed administrator, who may be a family member. The money damages recovered in the lawsuit are distributed to the decedent’s spouse, children and/or next of kin as provided by state statute. A wrongful death suit must be filed within two years after the death, so it’s important to contact a qualified personal injury attorney as soon as possible. If we represent you, we will start work on the case immediately and make sure the lawsuit is filed on time.

Damages recoverable for wrongful death

In a wrongful death lawsuit, the personal representative seeks to hold the responsible party liable for payment of various types of damages, to be distributed as follows:

• Medical and burial expenses —to the person or governmental agency who paid these expenses, or otherwise to the decedent's estate
• Grief and loss of consortium — to the decedent’s spouse
• Grief and loss of companionship — to the decedent’s children and parents
• Decedent’s mental pain and anguish — to the decedent’s spouse, children and/or next of kin
• Pecuniary loss due to the death — to the decedent’s spouse, children and/or next of kin 

The injury attorneys at Walsh & Franseen seek all damages available in wrongful death cases. Pecuniary loss is proved based on evidence of the income the decedent would have received had they survived, considering their age, occupation, earning capacity, health habits and probable duration of life. To prove such factors as the severity of the accident and the victim's suffering before death, we may work with private investigators and experts. We also obtain testimonials from witnesses and collect and preserve evidence to build the strongest case possible. 

Survival actions allow decedents’ estates to sue

In addition to a wrongful death claim, Oklahoma recognizes the right of a decedent’s executor or administrator to sue for damages the decedent could have sought in a personal injury lawsuit had they not died. In other words, the cause of action “survives” the death. In some cases, a survival action may be brought by the decedent’s surviving spouse or next of kin. The damages recovered go to the beneficiaries of the decedent’s estate, who may include the spouse, children and next of kin. 

Contact an experienced Oklahoma wrongful death attorney

If you’ve lost a family member in Oklahoma due to wrongful death, you should take prompt action to make sure the people responsible are made to atone for their actions. At Walsh & Franseen in Edmond, we are ready to lend our support. To schedule a free consultation, call 405-843-7600 or contact us online.