Losing a loved one due to someone else’s negligence is a devastating experience that no family should have to endure. At Knight Law Firm, our compassionate legal team in Collinsville is committed to helping you seek justice and financial relief during this difficult time. As a wrongful death lawyer, our goal is to hold the responsible parties accountable while guiding you through every step of the legal process. We understand that no amount of money can replace your loss, but pursuing a claim can help provide stability for your future. Call Knight Law Firm today at (918) 496-1200 for a free consultation and learn how we can stand by your side with strength and sensitivity.
What Families Should Know When a Drunk Driver Causes a Fatal Accident
Losing a loved one in a car crash is devastating. When alcohol is involved, the pain is even more intense. It’s hard to understand how someone could make such a reckless choice. If you’ve lost a family member in a collision caused by a drunk driver, you may be feeling overwhelmed, angry, and unsure of what to do next.
Understanding Wrongful Death in DUI Cases
Wrongful death occurs when someone dies because of another person’s careless or intentional actions. In drunk driving cases, the driver’s decision to get behind the wheel while impaired often meets this legal standard. When someone’s negligence leads to a fatal crash, the victim’s family may have the right to file a civil lawsuit seeking compensation.
It’s important to understand that a criminal case and a civil case are different. While the drunk driver may face criminal charges like DUI manslaughter, that case is handled by the state. A wrongful death lawsuit, on the other hand, is a civil matter. It allows the surviving family to seek financial recovery for their loss. This can include funeral costs, lost income, pain and suffering, and more.
Who Can File a Wrongful Death Claim in Oklahoma
In Oklahoma, the personal representative of the deceased person’s estate is the one who files the wrongful death lawsuit. This representative may be named in a will or appointed by the court. Although only one person officially files the claim, the damages recovered are for the benefit of the deceased’s immediate family—such as a spouse, children, or parents.
If you’re not sure who the personal representative is, a wrongful death lawyer can help you determine your next steps. They can also assist in requesting the court to appoint someone if needed.
Collecting Key Evidence After the Crash
Time is critical in a wrongful death case. Evidence can disappear, and memories can fade. After a fatal crash caused by a drunk driver, some of the most important pieces of evidence may include:
- Police reports
- Toxicology results showing the driver’s blood alcohol content
- Witness statements
- Surveillance footage, if available
- Photos from the crash scene
- Accident reconstruction reports
An experienced lawyer will know how to gather and preserve this evidence quickly. They may also consult with experts, such as medical professionals or crash reconstructionists, to build a strong case.
Understanding What Damages May Be Available
In a wrongful death claim, your family can seek different types of compensation. These damages are meant to help relieve the financial and emotional burden caused by the loss. In Oklahoma, recoverable damages may include:
- Medical expenses related to the final injury or treatment
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of companionship and guidance
- Pain and suffering experienced by the surviving family
- Punitive damages, in some cases
Punitive damages are not available in every case. However, in DUI-related deaths, courts may allow them to punish the drunk driver for their dangerous behavior and to discourage others from doing the same.
Dealing with Insurance Companies
Insurance companies are involved in most wrongful death cases. The drunk driver may have liability coverage, and you’ll likely be filing a claim against their insurer. But be cautious. Insurance companies do not always act in your best interest. They may offer a settlement quickly, hoping you’ll accept it before fully understanding the value of your claim.
You don’t have to speak to the insurance adjuster on your own. A wrongful death lawyer can handle those conversations for you. They will know how to push back against lowball offers and negotiate for a settlement that reflects your loss.
How a Lawyer Can Help Your Family
Handling a wrongful death case is complex, especially while you’re grieving. Working with a lawyer can make the process less stressful and more effective. Here’s how a skilled attorney can help:
- Investigate the crash and collect evidence
- Identify all liable parties
- File the wrongful death claim within Oklahoma’s statute of limitations
- Calculate the full extent of your damages
- Negotiate with insurance companies
- Take the case to court if necessary
In Oklahoma, you generally have two years from the date of death to file a wrongful death lawsuit. Missing that deadline can mean losing your right to compensation, so it’s critical to act quickly.
What to Expect from the Legal Process
Every case is different, but most follow a similar timeline. After your attorney files the claim, there will be a period of investigation and discovery. This is when both sides exchange evidence and information. If a fair settlement cannot be reached, the case may go to trial. However, many wrongful death cases are resolved through negotiation or mediation before reaching the courtroom.
Your lawyer will keep you informed at every step. You won’t have to guess what comes next or deal with legal paperwork on your own.
Taking Care of Yourself During the Process
Grieving the loss of a loved one while handling legal matters can take a toll. It’s important to care for yourself during this time. Accept help from friends and family. Don’t hesitate to seek professional counseling or support groups. And remember that hiring a lawyer doesn’t mean you’re being “too aggressive.” It simply means you want to protect your family’s future and hold the drunk driver accountable.
Find Strength and Support with a Trusted Wrongful Death Lawyer
When tragedy strikes, you deserve a legal team that treats your case with the compassion, dedication, and determination it deserves. At Knight Law Firm, our wrongful death lawyer in Collinsville is here to help you seek justice and hold negligent parties accountable. We understand the emotional and financial toll a wrongful death can take on a family, and we’re committed to helping you find a path forward. If you’ve lost a loved one due to someone else’s carelessness, don’t face the legal system alone. Call Knight Law Firm today at (918) 496-1200 for a free consultation and let us fight for the justice your loved one deserves.
