Death During the Case of a Wrongful Death

There are limits to bringing a claim if you are injured or a family member dies due to someone else's negligence. You usually have to file a lawsuit against this person at least two years after the accident.

However, what if the guilty person died before your case is resolved or even before you file a lawsuit? In most cases, even if the fault party died, your legal claims continue to exist. However, to preserve your right to sue and maximize the damage recovery, it is advisable to always speak to a wrongful death attorney in Oklahoma City soon.

Death before the Lawsuit Is Filed

The property of the deceased is the property of the party when the defendant dies before a lawsuit is filed, whether during or after the accident, whether the death was related or not to said accident. If a demonstrated action is pending, the claimant has the choice to intervene or to file a separate civil action and then to proceed as if a case had been pending.

The complainant's lawyer may choose to interview the complainant according to the probate court where the action is pending. If so, this case will proceed in the same way as any other civil injury proceeding.

Death after the Lawsuit Is Filed

Where a defendant dies, the clerk will issue a scire facias to the administrator, the executor or heir. The clerk will demand that the plaintiff will appear and defend the case and, on return from such a service and proceed against the defendant. The defendant shall proceed against that administrator, the executor or heir.

In practical terms, unless someone tells them, the Court does not know who the manager or executor is. The best practice is, therefore, to determine who the manager or executor is, to file a death certificate and then file a scire fascias substitution motion identifying the right party to replace.

Death of the Plaintiff before Case Is Resolved

When a claimant dies while a claim or legal proceeding is pending, their legal claims will not evaporate. The executor can proceed on behalf of the party to claim for the injury. Every procedure shall be distributed in line with the laws of succession in that state to beneficiaries designated by the will of the deceased, or to surviving heirs. One important question is whether the individual died as a direct result or accident complications. If this is the case, a wrongful death lawsuit could be brought next to a survivor and the estate could take separate measures.

These hypothetical (or not hypothetical) scenarios may be addressed by a wrongful death attorney in Oklahoma City. If a defendant or a plaintiff is seriously ill, the prosecution and the testimony of the defendant while he or she is still alive may be wise.

Recover the Damage

The law states that if a wrongful death lawsuit is filed against the estate, the complainant may recover all losses that could have been claimed had the defendant remained alive.

You may be able to recuperate damages even when the defendant has died when you have lost the person you love due to another person's neglect or misconduct. You need an experienced, wrongful death attorney in Oklahoma City who knows the laws and the procedural requirements. It is also very important to keep track of filing deadlines and limitation status so that you do not lose your right to file a suit and to seek and deserve the right to compensation that you need.

We are The West Law Firm, and we have a team of proficient and experienced wrongful death attorneys in Oklahoma City. Contact us and get the right judgment for the wrongful death of your loved ones.

** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.