Detailing the Process of a Wrongful Death Claim in Oklahoma
The loss of a loved one leaves us in a lot of pain, especially if it were the result of someone else’s negligence. No matter how many questions you have, nothing is going to bring them back, and now you are being driven to total financial devastation with a massive medical bill at your hands. In many cases, the deceased also leaves behind dependents who do not have any way to get by in this world without the lost income.
Shouldn’t someone pay for this? Isn’t the responsible party supposed to be held responsible?
In the blog post below, we are going to answer exactly that and explain how wrongful death attorneys work in Oklahoma.
What Is a Wrongful Death?
The Oklahoma State law defines wrongful death as a death caused by “the wrongful act of omission of another,” where the act of omission would have let the other person file a personal injury lawsuit had they been alive. Simply defined, a wrongful death occurs when individuals meet their death due to the legal fault of some other person or entity. According to wrongful death attorneys in Oklahoma City, the 3 most common cases of wrongful deaths include - car accidents, medical malpractice, and intentional misconduct.
Who Can File a Wrongful Death Claim in Oklahoma?
In the state of Oklahoma, the deceased’s executor (personal representative of their estate) is required to bring the wrongful death claim to court. The executor is responsible for representing both the deceased person and their heirs and beneficiaries.
In situations where the deceased has not named a personal representative in their will or the named representative is unable/unwilling to serve, the court is responsible for appointing one on behalf of the deceased.
There are some states apart from Oklahoma that allow the victim’s immediate family to file a wrongful death lawsuit.
What Kinds of Damages Warrant Compensation?
In legal jargon, damages indicate the losses claimed by the plaintiff. In a wrongful death lawsuit, the court awards damages to the dependents and survivors left behind by the deceased. The following are the usual types of damages awarded in Oklahoma -
Medical bills
Funeral expenses
Spouse’s grief and loss of consortium
Surviving parent’s and children’s grief and loss of companionship
Pain and anguish suffered by the deceased after their injury and in the days leading up to their death
Lost wages and benefits the deceased would have earned if they lived
In the unfortunate event that the deceased was a minor who hadn’t been emancipated, the court will consider the following damages - ]
Loss of anticipated services and support
Loss of child’s love and companionship
Loss of the relationship between the parents and their child
Child’s support, maintenance, and education paid by the parents/guardian
Many courts in Oklahoma may also award punitive damages.
How Long Does One Have to File a Wrongful Death Claim?
The statute of limitations in Oklahoma specifies that the wrongful death claim must be brought to the court within 2 years of the individual’s demise. In case the executor fails to file the claim within the specified time period, the court will most likely outrightly refuse to hear the case.
If you need help filing a wrongful death claim in Oklahoma, reach out to our wrongful death attorneys at The West Law Firm to discuss the details of your case. It is very easy for such cases to go awry, with the support of an experienced attorney at your side, you will find it easier to navigate the legal deep waters.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.