Wrongful Death Claims After Deadly Crashes on I-44 in Oklahoma City

Interstate 44 is one of the busiest roads in Oklahoma, especially at the stretch that runs through Oklahoma City. As a highway that connects the state’s biggest cities – Oklahoma City, Tulsa and Lawton – it is often full of commercial and passenger vehicles. The interstate also facilitates travel between Oklahoma, Texas, and Missouri.

The speed limit along parts of Interstate 44 is 75 mph. Accidents on any interstate, including I-44, are especially dangerous because of the high speeds, heavy volume, and difficulty getting prompt emergency services following crashes. The results, unfortunately, include fatal collisions on I-44.

What to do when a deadly Interstate 44 crash occurs

Survivors at the scene of a fatal crash may not be thinking straight. The one thing that everyone should automatically do, if possible, is to immediately contact the police. In fact, Oklahoma law requires that drivers involved in a fatal accident contact the local police.

For family members coping with the aftermath of a tragic crash, it is important to contact an Oklahoma City wrongful death lawyer as soon as possible. Whether the collision occurred on Interstate I-44 or any road in Oklahoma City, these horrible crashes can cause devastating fallout for entire families. The sooner you speak with us, the sooner we can send our investigators to the accident site, answer your questions, explain your rights, and file your claim.

Our investigators may also speak with any witnesses named in the police report and any other witnesses the investigators discover who may not be named in the report.

How do Oklahoma car accident lawyers handle a wrongful death lawsuit?

At Cunningham & Mears, our I-44 wrongful death lawyers can explain who can file a claim, who the beneficiaries are, the value of the claim, and the unique issues that wrongful death claims involve.

Who can file a wrongful death claim after an accident on Interstate I-44?

In Oklahoma, the personal representative of your loved one’s estate can file a wrongful death claim. The personal representative must file the claim within two years of the date of the accident. The deceased person’s will may name the personal representative (commonly called the executor), or the court may approve a person (commonly called an administrator). We can help ensure that there is a proper personal representative.

What are the damages in an Oklahoma City wrongful death claim?

Our Oklahoma City wrongful death lawyers work with your loved one’s employer, financial experts who specialize in placing a value on wrongful death claims, and others to determine the value of the wrongful death claim.

Oklahoma permits the following damages in wrongful death cases:

• The medical, funeral, and burial costs. These expenses are paid to the person who advanced these funds. Otherwise, the amount is paid to the decedent’s estate.
• The surviving spouse’s loss of consortium and grief. The spouse receives this damage amount.
• The mental pain and anguish of your loved one prior to death. The estate pays this amount to the surviving spouse and children. The next of kin, such as parents and grandparents, may be eligible in some cases.
• The financial loss to the family. Determining this amount involves your loved one’s earning capacity, job, age, health habits, and life expectancy. The estate receives this amount and distributes it to eligible family members.
• The loss of companionship and grief of the children and parents.

In egregious cases, wrongful death damages may include punitive damages.

We are here to explain the damage award in special cases, like where the decedent was pregnant at the time of an I-44 accident.

How does a wrongful death claim differ from a personal injury claim?

Oklahoma City wrongful death lawyers handling I-44 fatal accidents will approach some aspects of the case differently than they would in a personal injury claim.

First, the damages are different. In a personal injury claim, compensation goes toward the injured person to compensate for their expenses, losses, and pain and suffering. In a wrongful death claim, the compensation goes toward the family for their loss and includes expenses related to the funeral and burial. Both types of claims may include an estimate of the victim’s future earning capacity because, in a severe personal injury case, a person might not be able to work anymore.

Proving liability will also be different in a wrongful death claim because the victim is not alive to testify. Without that person, the court won’t be able to hear their explanation of how the I-44 fatal crash occurred. As a result, our team may rely more heavily on the testimony and evidence of the police officers, our investigators, other passengers, eyewitnesses, and traffic reconstruction experts if necessary.

At Cunningham & Mears, we understand just how crushing losing a loved one is – especially when that loss was preventable. Our Oklahoma City I-44 fatal accident lawyers hold drivers accountable when speeding, driver distraction, driver fatigue, or any other type of negligence causes a fatal car accident. We can guide you through each step of the claim and fight for the compensation your family deserves. Please call our office or use our contact form to schedule a free consultation. We handle wrongful death claims on a contingency fee basis.