Edmond Wrongful Death Lawyer
Losing a loved one is never easy. But when a loved one died due to the negligence or wrongdoing of someone else, it can be especially difficult. Wrongful deaths are often very sudden and can leave family members feeling angry and confused. While filing a wrongful death claim can never bring a loved one back, it can help with the financial burden their loss caused, and hopefully prevent the conduct that caused the death from happening to another family.
For those who lost someone due to the carelessness or recklessness of another, an Edmond wrongful death lawyer can help recover the costs related to the death. They can review the case and help the family begin to move forward.
Definition of Wrongful Death
When someone passed away because of someone else’s recklessness or negligence, it can be called a “wrongful death.” When a person has intentionally taken another life, they can also have a civil claim filed against them along with criminal charges. However, civil and criminal cases will be tried separately in different courts. An estate can generally file a wrongful death claim whenever a person would have been able to file a personal injury claim had they survived the incident that led to their death.
Car accident and medical malpractice cases are two of the most common situations surrounding wrongful death claims. However, not all medical cases with an unfortunate outcome are wrongful death cases, nor are all car accident cases. Those who lost a loved one and are wondering whether they have a wrongful death claim should speak to a wrongful death lawyer in Edmond.
Wrongful Death Statute in Edmond
The Oklahoma wrongful death statute, section 12 O.S. 1053, governs wrongful death cases in Edmond. This statute provides certain rights and benefits for relatives left behind after a wrongful death. These benefits include compensation for the family members that can help them pay for certain expenses.
Burial expenses and medical expenses incurred by the deceased while they were still alive are both compensable. Additional expenses can include any mental anguish the deceased experienced before their death.
Compensation may also cover the loss of consortium for the surviving spouse and the grief and loss of companionship experienced by the children and the parents of the deceased, if they are still alive. Any economic loss suffered by the surviving relatives, such as a loss of income, may also be covered.
Filing a Wrongful Death Claim
In Edmond, only those deemed to be personal representatives of the deceased can file a wrongful death claim. Those who are indicated as personal representatives in the deceased’s estate plan, or will, are the first who can file a wrongful death claim.
If the person named in the deceased’s estate plan is no longer living, or if there is no estate plan in place, another close relative may file a lawsuit. This can be a surviving spouse, parent, sibling, or child. If there are no surviving close relatives, the court may appoint a personal representative.
Anyone who lost someone and believes it was a wrongful death should speak to an Edmond wrongful death attorney to see whether they can file a wrongful death claim.
There is a timeline on how long a personal representative has to file a wrongful death claim in Edmond. That timeline is two years, and families who fail to file a claim within that two-year period may forfeit the right to compensation.
Let an Edmond Wrongful Death Attorney Be an Ally
Whenever a person dies due to the actions of another, their family has options. Although the law cannot bring back the deceased, it can help you find financial stability following the loss.
If you have lost a loved one and believe that another person’s negligence or carelessness was the cause, speak to an Edmond wrongful death lawyer right away. Time is running out and you may be eligible for compensation that can help with expenses related to the death of your loved one.