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It is always a sad day when a loved one passes away. If your loved one’s death is due to the actions or negligence of someone else, it is tragic. You could have a valid wrongful death case.
At Hasbrook & Hasbrook, we understand the countless moving parts involved in such a case. Our Oklahoma City wrongful death attorneys can help you with your case as well.
Wrongful death lawsuits are complicated. They are only more challenging when you are dealing with the emotions of a loved one’s passing. Learn more about wrongful death compensation below. Then, contact Our Oklahoma City wrongful death attorney for a free consultation.
Understanding Wrongful Death Claims in Oklahoma
A wrongful death lawsuit in Oklahoma is a civil action initiated when an individual’s death is caused by the wrongful act of another party. According to Oklahoma Statute 12 § 1053, if the deceased could have filed a personal injury claim had they survived, their representatives or survivors can pursue a wrongful death lawsuit. These lawsuits are civil cases, distinct from criminal proceedings, and aim to recover damages for the losses suffered by the deceased’s family. The purpose of the lawsuit is to obtain the compensation the victim would have received had they lived to file a personal injury claim. Because the deceased cannot represent themselves in court, they rely on a “personal representative,” usually a family member.Our Oklahoma City Wrongful Death Attorney Explains Who Can File a Wrongful Death Lawsuit In Oklahoma
In Oklahoma, a wrongful death claim must be initiated by the personal representative of the deceased’s estate. This representative files the lawsuit on behalf of the surviving family members. Oklahoma law is specific about who can file a wrongful death lawsuit, following a clear order of priority. The law allows this person to be anyone able to act in the interests of the deceased. This person files a wrongful death claim on behalf of the person who has died, helping their families and next of kin receive the compensation they deserve. Our Oklahoma City wrongful death lawyer can help you with wrongful death claims.
Who Can Make Wrongful Death Claims in Oklahoma?
The personal representative can be any of the following:A Person Named On Estate Planning Documents
Occasionally, the deceased person will name a representative on their estate planning documents – somebody tasked with caring for their financial affairs once they’re gone. Courts will typically agree that the named person on this document can serve as their representative when seeking compensation. This would be the executor named in the will.Immediate Close Relative
Occasionally, the deceased does not have a named personal representative in their will (or the named person doesn’t want to carry out the role). In this case, the court will appoint a close relative, perhaps a spouse, child, or sibling.A Third Party
In rare circumstances, the deceased does not have a named personal representative or any close relatives in their estate planning. However, it can still be in the public interest for the court to appoint a third party to represent the deceased and obtain compensation, usually to pay debts the deceased owes.Legal Framework for Wrongful Death Claims in Oklahoma
Choosing a Personal Representative
The family usually agrees on the personal representative, but if not, the court may appoint one following Oklahoma’s priority order: If there is no will, the court appoints an administrator following this priority order:- Surviving spouse
- Adult children
- Parents
- Siblings
- Adult grandchildren
- Next of kin
- Creditors
- Any competent person
Statute of Limitations
In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This deadline is strictly enforced. If the defendant is a government entity, the Oklahoma Governmental Tort Claims Act applies, which requires a notice of claim to be filed within one year, with additional specific procedures to follow. Failing to file within these time limits will likely result in the case being dismissed, regardless of its merits.What Should You Do After a Wrongful Death in Oklahoma City?
- Seek legal representation. Contact a wrongful death attorney as soon as possible. An experienced lawyer can guide you through the legal process and help protect your rights.
- Obtain the death certificate. You will need the official death certificate for many of the legal and financial steps ahead. Your attorney can help you with this process.
- Gather evidence. Collect any evidence related to the wrongful death, including medical records, accident reports, and witness statements. Your attorney will need this information to build your case.
- Notify insurance companies. Inform the relevant insurance companies about the death. However, consult your attorney before providing detailed statements or accepting any settlements.
- Keep records of expenses. Document all expenses related to the death, including funeral costs and medical bills. These can be recovered as part of the wrongful death claim.
- File a wrongful death claim. Your attorney will help you file a claim within the appropriate time frame. In Oklahoma, the statute of limitations for filing a wrongful death claim is generally two years from the date of death.
- Support each other. The period following a wrongful death is emotionally challenging. Support from family, friends, and professionals is very important during this time.
Types of Accidents Leading to a Wrongful Death
Wrongful death claims can arise from various accidents where negligence or intentional harm caused the death of a loved one. Common accidents include car and motorcycle crashes, pedestrian accidents, medical malpractice, nursing home abuse, truck collisions, and injuries from defective products. Each type of accident has unique aspects that require thorough investigation and evidence collection to prove negligence and secure compensation for the survivors.Car Accident
Car accidents are a leading cause of wrongful death claims. High-speed collisions, drunk driving incidents, and distracted driving can all result in fatalities. Speeding accidents are particularly common causes of fatal crashes. In these cases, proving the other driver’s negligence is key to securing compensation for the deceased’s family. Witness statements, traffic camera footage, and accident reconstruction may all be essential pieces of evidence. The aftermath of a fatal car accident can leave families facing not only emotional devastation but also substantial financial burdens. Funeral expenses, lost income, and medical bills can accumulate quickly. An experienced wrongful death attorney can help families navigate the legal process to recover these costs and compensation for their loss.Motorcycle Accident
Motorcycle accidents often result in severe injuries or death due to the lack of protection motorcycles offer compared to cars. Negligent drivers failing to see motorcycles or violating their right-of-way are common causes of fatal accidents. Families of deceased motorcyclists may pursue wrongful death claims to seek justice and compensation for their loss.Pedestrian Accident
Pedestrians struck by vehicles face a high risk of fatal injuries. Speeding, failure to yield, and distracted driving are frequently to blame. In wrongful death cases involving pedestrians, demonstrating driver negligence is essential to recovering damages.Medical Malpractice
Medical malpractice can lead to wrongful death when healthcare professionals fail to provide the standard of care expected, resulting in a patient’s death. Cases may involve surgical errors, misdiagnosis, or medication mistakes. Proving malpractice requires expert medical testimony to establish that care fell below acceptable standards.Nursing Home Abuse
Wrongful death in nursing homes can occur due to abuse or neglect, including inadequate medical care, poor hygiene, or physical abuse. Oklahoma has specific laws protecting elderly residents in long-term care facilities. Families must show that the facility’s negligence directly led to their loved one’s death to claim compensation.Truck Accident
Due to their size and weight, truck accidents can cause devastating fatalities. These cases often involve complex regulations governing the trucking industry, requiring specialized legal knowledge to navigate.Product Liability Claim
Defective products can cause death due to design flaws, manufacturing errors, or inadequate warnings. Families can hold manufacturers accountable through wrongful death product liability claims, demanding compensation for their loss and suffering.Workplace Accidents
Workplace fatalities are particularly common in Oklahoma’s energy sector, including oilfields, refineries, and construction sites. These cases often involve workers’ compensation laws but may also include third-party liability claims when entities other than the employer contributed to the death.Premises Liability
Unsafe property conditions can lead to fatal accidents. Property owners have a duty to maintain safe premises. Examples include fatal slip and fall accidents, swimming pool drownings, or falling objects. Families must prove the property owner knew or should have known about the hazardous condition.Criminal Acts
Intentional acts of violence resulting in death can lead to both criminal prosecution and civil wrongful death lawsuits. The civil case can proceed regardless of the outcome of any criminal proceedings and has a lower burden of proof (preponderance of evidence versus beyond reasonable doubt).Dog Bites and Animal Attacks
Oklahoma has specific statutes governing owner liability for animal attacks that result in death. These cases typically focus on the owner’s knowledge of the animal’s dangerous propensities and whether proper restraints or warnings were provided.What Types Of Damages Does Wrongful Death In Oklahoma Cover?
What Damages Can You Recover in a Wrongful Death Claim?
Oklahoma statute (Title 12, §12-1053) determines what you can claim as part of your lawsuit. The statute permits the following types of damages:
- Medical care and burial expenses
- The grief and loss of companionship
- The mental pain and anguish suffered by surviving parties
- Any financial loss of the survivors
There are Two Types of Compensatory Damages the Court Will Award
Economic Damages
Economic damages include compensation for the material loss incurred by the deceased and their survivors due to the defendant’s negligence. Often, these include payment of a precise dollar amount, such as costs involved with caring for the victim and processing their body following their death. It also provides for the proportion of their future wages and benefits that would have accrued to surviving family members. Specific economic damages include:- Medical expenses related to the fatal injury or illness
- Funeral and burial costs
- Lost income and future earning potential
- Loss of benefits like health insurance and retirement funds
- Property damage related to the incident
Non-Economic Damages
Non-economic damages include intangible losses intended to cover mental anguish and pain, for which there is no direct dollar cost. These damages include:- Loss of consortium for the surviving spouse
- Grief and mental suffering of family members
- Loss of companionship, guidance, and nurturing
- Pain and suffering the deceased experienced before death
Punitive Damages in Wrongful Death Cases
Some courts will also apply punitive damages designed to punish the offending party, helping survivors gain additional compensation. Oklahoma allows punitive damages in cases involving gross negligence, recklessness, or intentional misconduct. Under Oklahoma Statute 23 § 9.1, punitive damages are capped at:- $100,000 or the amount of actual damages awarded (whichever is greater) if the defendant was merely negligent
- Up to $500,000 or twice the amount of actual damages for reckless disregard
- No cap for intentional and malicious acts
Distribution of Damages in Oklahoma
In Oklahoma, the court determines how damages are distributed among beneficiaries based on their individual losses. The process works as follows:- The personal representative collects any awarded damages
- Legal fees and case expenses are deducted
- Medical and burial expenses are reimbursed
- The remaining compensation is distributed to eligible beneficiaries according to:
- The deceased’s will, if one exists
- Oklahoma’s intestate succession laws if there is no will
- A court-approved distribution plan if beneficiaries disagree
Oklahoma’s Comparative Fault Rules
Oklahoma follows a modified comparative negligence system with a 51% bar to recovery. This means:- If the deceased is found to be 50% or less at fault, the family can recover damages reduced by the deceased’s percentage of fault
- If the deceased is found to be 51% or more at fault, the family cannot recover any damages
Steps in the Oklahoma Wrongful Death Claim Process
- Initial Consultation: Meeting with an Oklahoma wrongful death attorney to evaluate the case
- Estate Opening: Establishing the deceased’s estate and appointing a personal representative
- Investigation: Gathering evidence, including police reports, medical records, witness statements, and expert opinions
- Filing the Petition: Submitting the formal wrongful death petition to the appropriate Oklahoma county court
- Discovery: Exchanging information with the defendant through interrogatories, depositions, and document requests
- Settlement Negotiations: Attempting to reach a fair settlement through direct negotiations or mediation
- Trial: Presenting the case before an Oklahoma judge or jury if settlement efforts fail
- Distribution Hearing: Court approval of the distribution plan for any awarded damages
Dealing with Oklahoma Insurance Companies
Oklahoma insurance companies often attempt to minimize payouts in wrongful death claims. They may:- Offer quick but inadequate settlements
- Request recorded statements that could be used against the claim
- Dispute liability or argue comparative negligence
- Delay processing to pressure families into accepting less
Wrongful Death Cases Statistics In Oklahoma City
Accidents caused a considerable number of deaths in the city, according to Oklahoma State Department of Health data.
Oklahoma Wrongful Deaths By the Numbers
The Oklahoma City metro area encompasses ten counties. We report the statistics for each county, the metro area, and the entire state for 2018 – the most recent year for which figures are available.- Canadian: 84 deaths
- Cleveland: 95 deaths
- Grady: 38 deaths
- Kingfisher: 6 deaths
- Lincoln: 18 deaths
- Logan: 16 deaths
- McClain: 19 deaths
- Oklahoma: 406 deaths
- Payne: 23 deaths
- Pottawatomie: 41 deaths
Frequently Asked Questions About Wrongful Death Claims
Who can file a wrongful death claim in Oklahoma?
Only the personal representative of the deceased's estate can file the claim. This representative pursues the case on behalf of surviving family members including spouses, children, and parents. If the deceased had a will, the named executor typically serves as the personal representative. Otherwise, the court will appoint an administrator.
What is the time limit for filing a wrongful death lawsuit in Oklahoma?
Two years from the date of death for most cases (statute of limitations). One year to file a notice of claim if suing a government entity or public agency. Certain exceptions may apply that can extend or limit these timeframes, so consulting with an attorney promptly is essential.
What types of damages can be recovered in an Oklahoma wrongful death case?
Economic damages: Medical expenses before death, funeral and burial costs, lost wages and future income, loss of benefits and inheritance. Non-economic damages: Loss of companionship, grief and mental anguish, loss of guidance and support. Punitive damages: May be awarded in cases involving gross negligence or willful disregard for safety. Oklahoma does not cap compensatory damages.
How are wrongful death settlements taxed in Oklahoma?
Compensation for emotional suffering, pain and suffering, and loss of companionship is generally not taxable under federal or Oklahoma state law. Portions representing lost income or punitive damages may be taxable. Each beneficiary should consult with a tax professional regarding their specific settlement distribution.
Can I file a wrongful death claim if the deceased didn’t have a will?
Yes. The court will appoint an administrator to serve as the personal representative if there is no will. Oklahoma intestate succession laws will determine how any recovery is distributed among surviving family members. The court typically prioritizes surviving spouses, children, and parents when appointing an administrator.
How long do wrongful death cases take in Oklahoma?
Timeframes vary significantly, typically ranging from 1-3 years. Factors affecting duration include: case complexity, evidence availability, number of parties involved, court docket congestion, and whether the case settles or proceeds to trial. Cases that settle through negotiation generally resolve faster than those requiring a full trial
What if the person responsible for the death faces criminal charges?
A wrongful death lawsuit (civil case) can proceed independently of any criminal proceedings. The civil case might be temporarily stayed until the criminal case concludes. The burden of proof is lower in civil cases ("greater weight of the evidence") than in criminal cases ("beyond a reasonable doubt"). A criminal conviction can strengthen a wrongful death claim, but a criminal acquittal does not prevent success in a civil lawsuit.
Get An Oklahoma City Wrongful Death Attorney To Help With Your Claim Today
Do you suspect that the death of a loved one resulted from the negligence of another? If you do, you need a legal team with experience handling wrongful death claims.
At Hasbrook & Hasbrook, we would be honored to help you with your wrongful death suit. We want you to focus on honoring the memory of your loved one. Let our legal team handle the legal issues on your behalf. Our Oklahoma City wrongful death attorneys can help you craft a successful claim.
If you are looking for a legal professional to help you with your wrongful death claim, call us today for a consultation. We can help you file a civil lawsuit and wrongful death claim compensation for the damages you have incurred.
Additional Resources
- Oklahoma Bar Association – Find a Lawyer
- Oklahoma State Courts Network
- Oklahoma Statutes Title 12. Civil Procedure §12-1053
- Oklahoma Department of Insurance
- Oklahoma Highway Safety Office – Crash Statistics
- Oklahoma Workers’ Compensation Commission
- Oklahoma Long-term Care Ombudsman
- Centers For Disease Control And Prevention, Accidents And Unintentional Injuries
- Oklahoma Statutes. Title 12. Civil Procedure. §12-1053. Wrongful death – Limitation of actions – Damages
- Oklahoma State Department for Health, OK2SHARE, Vital Statistics