Working with McIntyre Law
Filing a wrongful death claim is not an easy decision, that’s for sure. But, at McIntyre Law, we believe that you are entitled to recover for the wrongful death of a loved one. It changes your life—forever. If you want more information, to see if you’re eligible to bring an action, or to explore any other options, call us today. We offer a free consultation with a wrongful death attorney so that you can make an educated decision, based on all of the relevant factors, as to whether this is something you would like to pursue. Contact us today for more information.
What is a contingency fee?
When a lawyer works on a “contingency fee” basis, they’re agreeing to accept a fixed percentage of any monetary rewards from your lawsuit to cover their legal fees. If there are no rewards from your wrongful death lawsuit, you don’t pay the lawyer. You have enough to worry about — so we get paid if, and only if, you do.
What is a wrongful death claim?
A wrongful death lawsuit is filed when the death of one is caused by the wrongful act of another. That “wrongful act” could be intentional, reckless, or negligent—it could even be an omission. In general, if an incident occurs for which someone could have brought a personal injury claim if he had lived, then that would translate to a wrongful death lawsuit if he is deceased as a result of the incident. In other words, a wrongful death lawsuit is one that would be a personal injury suit, except that the person is no longer alive to recover from that action. Instead, his representatives (or survivors) must bring the suit on his behalf to recover damages.
When you consult an Oklahoma wrongful death attorney, you’re going to be advised that this is a civil—not criminal—suit. A criminal case is brought by the government when a crime is alleged to have been committed, and the outcome of a criminal case would be punishment of the guilty party if convicted. A civil lawsuit is brought by an individual (or group of individuals) in order to recover damages (money) as compensation for a loss, whether financial or physical, or—in the case of a wrongful death lawsuit—for the death of a loved one. If there is a criminal case (for example, DUI, manslaughter, etc.), it does not affect the two-year time frame in which a civil wrongful death lawsuit may be brought.
Common types of wrongful death lawsuits
Car Accidents – Injuries resulting immediately or after a car crash.
Motorcycle Accidents – Injuries resulting from an automobile crash involving a motorcycle.
Truck Accidents – Injuries resulting from accidents where a semi-truck is involved.
Nursing Home Abuse and Neglect – Injuries to a loved one due to mistreatment from nursing home facilities.
Dangerous Drugs – Any medical harm as a result of taking a defective drug.
Medical Malpractice – Injuries from dangerous medical procedures or bad advice.
Dog Bites – Injuries resulting from a dog mauling or any animal bites.
Slip and Falls – Injuries sustained from floors or walkways that are properly inspected and maintained.
Defective Medical Devices – Extreme complications due to faulty or defective medical devices.
Am I eligible to bring a wrongful death lawsuit?
Consider the amount of time that has passed since the death of your loved one. In Oklahoma, you have two years in which you can bring a claim on behalf of the deceased person’s estate following the date of death. Generally, a wrongful death lawsuit would be brought by the deceased person’s spouse, child or parent. Or, if those individuals are deceased, it could be a sibling or other person representing the estate. A wrongful death lawyer can help you determine whether you are eligible to bring a suit.
What kind of compensation can I get for a wrongful death lawsuit?
Your wrongful death lawyer will probably evaluate the costs associated with:
- your loved one’s pain and suffering endured between the time of the accident and his or her eventual death
- loss of wages that would have been earned if the person had lived,
- funeral and burial costs,
- recovery of the survivors’ damages for grief and loss of companionship,
- and more.
Attorney fees shouldn’t be the make-or-break factor. In all likelihood, you won’t pay a penny up front for a McIntyre Law wrongful death attorney. Instead, in most cases, a wrongful death attorney will be handled on a contingency fee basis. That means that instead of your paying up front, the attorney earns a percentage of the damages won. You will set a pay scale ahead of time with the attorney so that you know exactly what to expect. Often, the attorney’s percentage depends on whether the case is able to be settled outside of court or if the case goes to trial.