Losing a loved one due to someone else’s negligence is an overwhelming and devastating experience. In Oklahoma, the family of the deceased has the legal right to file a wrongful death claim against the responsible party. However, not everyone is entitled to file a wrongful death claim. This post will explain who can file a wrongful death claim in Oklahoma.
What is wrongful death?
Wrongful death is a legal term that refers to a death caused by the wrongful act, neglect, or default of another person or entity. A wrongful death claim is a civil lawsuit filed by the family members of the deceased seeking compensation for the losses caused by the death.
Who can file a wrongful death claim in Oklahoma?
Oklahoma law outlines a specific order of priority for who can file a wrongful death claim. The first person entitled to file a wrongful death lawsuit is the personal representative of the deceased’s estate. If there is no personal representative, the surviving spouse, children, or parents of the deceased may file a lawsuit. If the deceased did not have a spouse, children, or parents, then the siblings or grandparents of the deceased may file the claim.
What damages can be recovered in a wrongful death claim?
The purpose of a wrongful death lawsuit is to compensate the surviving family members for the losses caused by the death of their loved one. Damages that can be recovered in a wrongful death claim include:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial expenses
- Lost income and earning potential of the deceased
- Loss of companionship, love, and support
- Pain and suffering of the deceased before death
- Punitive damages to punish the responsible party for their actions
- It’s important to note that the damages awarded in a wrongful death claim are intended to compensate the surviving family members, not the deceased’s estate.
If you have lost a loved one due to someone else’s negligence, it’s essential to consult with an experienced Oklahoma wrongful death attorney as soon as possible. They can help you understand your legal rights and guide you through the complex legal process of filing a wrongful death claim. Remember, you only have a limited time to file a wrongful death claim, so don’t wait to seek legal help.
It’s also worth noting that the statute of limitations for filing a wrongful death claim in Oklahoma is two years from the date of the deceased’s death. If the claim is not filed within this time frame, the family may lose their right to seek compensation.
If you are the personal representative, spouse, child, parent, sibling, or grandparent of a deceased person who died due to someone else’s wrongful actions, you may be eligible to file a wrongful death claim in Oklahoma. The damages that can be recovered in such a claim are meant to compensate for the losses suffered by the family members, including medical expenses, funeral expenses, lost income and earning potential, loss of companionship, love, and support, and pain and suffering of the deceased before death.
While the legal process of filing a wrongful death claim can be daunting, hiring an experienced attorney can make all the difference in ensuring that you receive the compensation you deserve. The attorney can help you navigate the complex legal system, gather evidence, and negotiate with the responsible party or their insurance company to ensure that your rights are protected.
If you have lost a loved one due to someone else’s negligence, don’t hesitate to reach out to an Oklahoma wrongful death attorney to discuss your options. They can help you get the justice and closure you deserve during this difficult time.
At Murray Law Firm, we understand that losing a loved one due to someone else’s negligence can be a devastating experience. That’s why we are committed to helping families who have been affected by wrongful death. We have the experience and resources necessary to handle even the most complex wrongful death cases in Oklahoma.
We are a team of experienced and compassionate attorneys who are dedicated to providing our clients with the legal representation they need to obtain justice and closure. When you work with us, you can expect personalized attention and guidance throughout the legal process. We will explain your legal rights and options, gather evidence, and negotiate with the responsible party or their insurance company on your behalf.
Our goal is to help you obtain the maximum compensation possible for your losses, including medical expenses, funeral expenses, lost income and earning potential, loss of companionship, love, and support, and pain and suffering of the deceased before death. We understand that no amount of compensation can bring back your loved one, but we hope to provide you with the financial support you need to move forward with your life.
If you have lost a loved one due to someone else’s negligence, please don’t hesitate to reach out to us for a free consultation. We will evaluate your case and provide you with honest and straightforward advice on how to proceed. We are here to help you obtain the justice and closure you deserve.