If you are reading this, please accept our deepest condolences. We know legal issues are the last thing you want to deal with right now, but taking a few protective measures can secure your family's future.
1. Immediate Steps (Days 1-3)
Secure the Vehicle: If your loved one's car is at a tow yard, do not let the insurance company move or destroy it. It is critical evidence.
Order the Report: Request the Official Oklahoma Traffic Collision Report from the responding agency (OHP, OKC PD, etc.). It usually takes 10-14 days to be finalized for fatalities.
Social Media Silence: Ask family members not to post details about the accident or the deceased's medical condition online. Insurance adjusters watch these pages.
2. The Probate Process
You cannot file a wrongful death lawsuit until a "Personal Representative" (PR) is appointed. This requires opening a probate case in the county where the deceased lived.
3. The Investigation
Police reports are often wrong. They investigate for criminal violations, not civil liability. We hire private accident reconstructionists to:
- Download the "black box" (EDR) data from all vehicles.
- Map the scene with drones.
- Analyze skid marks and crush damage to determine speed.
4. Dealing with Insurance
The at-fault driver's insurance company may call you. Do not speak to them. They may offer a quick check for the policy limits (e.g., $25,000) in exchange for a full release. Signing this release could block you from finding millions more in other coverage (like commercial policies or UM coverage).
5. Calculate Damages
Oklahoma law allows recovery for:
- Consortium: The loss of the relationship.
- Financial Support: What the deceased would have earned in their lifetime.
- Grief: The emotional suffering of parents.
- Mental Anguish: The suffering of the spouse and children.