In this article, you can discover…
- How a wrongful death action is defined in Oklahoma.
- Who can legally file a wrongful death action, and under what circumstances.
- What kinds of damages can be claimed in a wrongful death suit.
What Is A Wrongful Death Action Under Oklahoma Law And Who Can File A Claim?
A wrongful death claim can be filed by the estate of anyone who has died because of a wrongful act or a wrongful admission by another party.
Often, the person designated to represent the estate will be named within a will as the surviving spouse or child. An estate planning attorney can help you determine if you’ve been named within your loved one’s estate plans as a representative.
Even if you haven’t been so designated, a court-appointed representative can still go on to file on your behalf as a surviving spouse or child if requested to do so.
Finally, the attorney hired by or appointed to your deceased family member’s estate would prosecute the case in court against those accused of causing your loved one’s death.
How Is Liability Established In A Wrongful Death Claim?
To establish liability, it should be found that the individual or party involved was negligent, reckless or careless in a way that led to a wrongful death. In other words, the party accused of causing the wrongful death of your loved one did something to cause the death or should have done something to prevent it.
What Types Of Damages Can Be Recovered In A Wrongful Death Suit?
Medical expenses your loved one acquired before they passed away, burial expenses, and funeral expenses are generally recovered. In a wrongful death case, further damages in the form of lost future wages can be recovered.
If you are a surviving spouse or child you can also claim damages due to personal pain and suffering, anguish, and the emotional distress of losing your loved one. A loss of consortium claim may also be possible; this would cover the loss of benefits that the deceased person provided such as cooking, cleaning, childcare, and various other important roles.
Attorney Dan Loeliger is a seasoned attorney based in Oklahoma who has helped clients just like you navigate filing a wrongful death action with diligence and care. With over 20 years of experience in both estate law and personal injury law, he’s an unrivaled ally in gaining the damages your family is justly owed.
If you have questions about filing a wrongful death action please reach out to The Legal Advantage Group at (405) 449-5777 for an initial consultation today.
How Long Do I Have To File A Wrongful Death Lawsuit In Oklahoma?
You will need to file a wrongful death case within two years from the date of the wrongful death. If you’re filing against a political subdivision or the State, however, you have one year from the date of death to file a wrongful death lawsuit.
What Steps Should Be Taken Immediately After The Death Of A Loved One?
An intense investigation is very important. In this initial stage, the most important thing that you can do is to contact an attorney. This will be a very emotional time for you and your family, and the right attorney can guide you through what to collect calmly and with attention to detail that will help in your claim.
An experienced attorney can help you photograph, document, and catalog all evidence of a wrongful death. A law office can also reach out to witnesses and acquire statements from them. Be sure to save all medical documents and hospital bills, and acquire a death certificate as soon as possible.
Case Study: The Role Of An Estate Plan When Tragedy Hits
I remember one particularly poignant case involving a gentleman who was tragically killed by a drunk driver. He left behind a grieving wife and a young child. The aftermath was incredibly challenging for his family, especially since he hadn’t done much estate planning. His wife had to make crucial decisions under immense stress – decisions that would have been much easier had they been addressed beforehand.
This case profoundly impacted me. Before this, I primarily handled personal injury cases, but this experience highlighted the critical importance of estate planning. It prompted me to expand my practice to include probate and estate planning services, recognizing how vital it is to be prepared for the unexpected.
On a personal level, this case served as a stark reminder to ensure my own estate plan was comprehensive and up-to-date. It’s something everyone should review periodically to reflect any life changes and ensure their wishes are honored.
Professionally, it changed how I approach with my clients. Now, I emphasize not just the legal aspects but also the personal preferences that can ease the burden on loved ones. This includes details like funeral preferences—do they want flowers or donations to a charitable organization? Cremation or burial? Perhaps even specific songs for the service?
By preplanning these elements and including them in estate documents, we can spare loved ones from making difficult decisions during an already challenging time. This holistic approach to estate planning has become a cornerstone of my practice, ensuring that my clients’ wishes are respected and their families are supported in the best way possible.
How Can A Lawyer Help Me In A Wrongful Death Case?
Because a wrongful death case can only be filed in Oklahoma by the estate of the deceased person, it’s important to reach out to an attorney with experience in both personal injury and estate planning.
A lawyer with years of experience in both areas of law can help you navigate the complexities of estate law, determine who can represent your loved one’s estate, and then guide you through filing your wrongful death claim with professionalism, compassion, and necessary attention to detail.
Losing a loved one suddenly due to the suspected negligence of another person is one of the hardest and most unsettling things a family can go through. Don’t attempt to get justice and compensation without the proper legal guidance and without a knowledgeable law firm to help you at each step.
For more information on A Guide To Wrongful Death Actions In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 449-5777 today.
Attorney Dan Loeliger is a seasoned attorney based in Oklahoma who has helped clients just like you navigate filing a wrongful death action with diligence and care. With over 20 years of experience in both estate law and personal injury law, he’s an unrivaled ally in gaining the damages your family is justly owed.
If you have questions about filing a wrongful death action please reach out to The Legal Advantage Group at (405) 449-5777 for an initial consultation today.
