Ylla Gosney, Attorneys at Law represents the families of fatal bicycle accident victims in OKC. If you’ve suffered the untimely loss of a loved one in a fatal bicycle accident due to the careless driving of another, the Wrongful Death Attorneys at Ylla, Gosney are here to help.
Our skilled attorneys will provide you and your family with the legal expertise needed to recover funeral costs, emotional damages, and financial losses sustained due to the unfortunate incident. Contact us today for a confidential, no-cost consultation to understand what legal options are available.
How Ylla Gosney Helps Families in OKC
Most families in Oklahoma City are unaware of their rights after losing a loved one. That’s usually because insurance companies are quick to rush families into accepting a low settlement before they know what they’re entitled to.
At Ylla Gosney, we protect families of fatal bicycle accident victims by holding the insurance company responsible for the full financial cost of the damage done to their lives. Our skilled team of Wrongful Death Lawyers will offer you expert legal support from the first consultation to settlement negotiations, and all the way to trial if necessary.
We ensure families who have suffered an untimely loss are awarded financial compensation for the following damages:
- Funeral and burial expenses: the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Punitive damages can also be claimed if the decedent’s death was a result of an extremely reckless act or malice. However, punitive damages would need to be filed under a survival action claim, which can only be filed by specific members of the deceased’s estate.
Who Can File a Wrongful Death Claim in OKC?
A wrongful death in Oklahoma is defined as a death that is caused by the “wrongful act or omission of another,” as stated in Okla. Stat. tit. 12, 1053. When a loved one is lost, Oklahoma allows for a “personal representative” of the deceased person’s estate to file a wrongful death lawsuit in court on their behalf. A personal representative will be appointed by a judge, selecting someone who has the best interest of the estate in mind. This person is typically a surviving family member, estate executor, or administrator.
In cases such as a fatal bicycle accident, selecting an estate executor may be the best choice because it allows the family time to grieve while legal decisions are made between the families representative and their attorney. Some of these decisions can include:
- Discussing potential settlements
- Whether the case should be settled
- Deciding if a trial is worth the risk
Are Damages Different Between Wrongful Death & Survival Action?
While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law.
Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. Executors ensure all assets in the will are accounted for and transfered to the correct beneficiary. The types of damages that can be claimed in a wrongful death claim include:
- Loss of household services once provided by the deceased
- Loss of consortium damages for a spouse or domestic partner
- Loss of guidance, care, nurturing, and affection provided by the deceased
- Loss of financial support provided by the deceased
- Loss of inheritance caused by the wrongful death
A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:
- Medical expenses
- Pain and suffering the decedent suffered
- Lost wages between the period they were injured and the time of their death
When to Consult with a Lawyer for a Fatal Bicycle Accident in OKC
Generally speaking, wrongful death claims for fatal bicycle accidents must be asserted on behalf of the deceased’s personal representative within the statute of limitations of two years. There are exceptions to the statute of limitations which are listed in the link contained in this article. It is important to know that if you miss the deadline for filing a wrongful death claim, you waive your rights to recover damages. For that reason, it is important to consult with a Wrongful Death Attorney as soon as possible.
Additionally, the following is a list of reasons families should contact a lawyer after a fatal bicycle accident:
- Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident, such as a bicycle accident or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
- The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
- You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages families have been forced to suffer.
When is a Person Liable for a Wrongful Death in a Fatal Bicycle Accident in OKC?
In the state of Oklahoma, the surviving family can bring a wrongful death action in a fatal bicycle accident if a direct act of carelessness, recklessness, or an intentional wrong act causes their loved one’s death. In a wrongful death lawsuit, you and your family are the plaintiffs, and the liable party you are suing is the defense. The plaintiff must prove the defendant:
- Had an obligation to act with reasonable care or refrain from committing an act
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one as a direct result of the careless action
- The reckless act was foreseeable and could have reasonably been avoided
Common Causes of Fatal Bicycle Accidents in OKC
Fatal bicycle accidents in OKC are on the rise. In 2021, according to the Oklahoma Highway Safety Office (OSHS), there were 88 fatal bicycle accidents in Oklahoma City. These accidents are often a result of careless or reckless drivers. On the road, the most common causes of fatal bicycle accidents include:
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal bicycle accidents every year in Oklahoma. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
- Driving under the influence (DUI): this action is one of the leading causes of fatal bicycle accidents in Oklahoma.
Contact Ylla Gosney, Attorneys at Law
If you’ve lost a loved one in a fatal bicycle accident due to a careless driver or hazardous condition in Oklahoma City, the Wrongful Death Attorneys at Ylla Gosney can help you lessen your financial burdens and secure a financial future for you and your family.
Our firm has managed numerous wrongful death cases. We understand how to aggressively pursue compensation by establishing concrete evidence and demonstrating irrefutable examples of damage families have been forced to suffer. Don’t wait to take legal action.
Contact us today for a free consultation and case evaluation.
