The loss of a loved one is an irreplaceable and profound sorrow, especially when it results from someone else’s negligence or wrongful actions. In Oklahoma City, the law empowers families to seek justice and financial restitution through wrongful death claims. Oklahoma law allows the deceased to pursue a personal injury claim had they survived, allowing for the pursuit of compensation for the bereaved family or estate.
How Oklahoma Law Defines Wrongful Death
In Oklahoma, wrongful death is defined as a death resulting from the wrongful act or omission of another party. This allows for legal action against the responsible party or their representative if the deceased could have pursued a claim had they survived, as per Okla. Stat. tit. 12 § 1053.
Who is a Personal Representative?
The personal representative of the deceased is the primary figure authorized to file a wrongful death claim. This individual can be named in the deceased’s will as an executor or appointed by the Oklahoma City probate court (Oklahoma County District Court) as an administrator if there is no will. In certain circumstances, if the deceased was a non-resident or no personal representative has been appointed, the widow or next of kin may initiate the action (Okla. Stat. tit. 12 § 1053 and § 1054).
The Role of the Personal Representative in a Wrongful Death Claim
The personal representative has the legal responsibility to file the wrongful death claim on behalf of the deceased’s estate. They aim to secure compensation for damages that benefit the deceased’s beneficiaries.
Who are the Potential Beneficiaries of a Wrongful Death Claim
Typical beneficiaries under Oklahoma law include spouses, children, parents, and siblings. The distribution of damages, including medical and burial expenses, loss of consortium, and pecuniary loss to the survivors, is determined by Oklahoma’s intestate succession laws if there was no will, as specified under Okla. Stat. tit. 12 § 1053.
Recoverable Damages
Damages in a wrongful death lawsuit encompass a range of financial and emotional losses:
- Medical and Funeral Expenses: Costs incurred directly from the wrongful act.
- Loss of Consortium: The surviving spouse’s grief and loss of companionship.
- Mental Anguish: The deceased’s suffering from the time of injury until death.
- Financial Support: The economic impact on the surviving spouse and children, including the deceased’s potential future earnings.
- Punitive Damages: In cases of egregious wrongdoing, these punish the offender and deter future misconduct.
Statute of Limitations Deadline to File
A wrongful death action must be initiated within two years from the date of the wrongful act or omission that caused the death. This critical time limit underscores the importance of timely filing cases in Oklahoma (Okla. Stat. tit. 12 § 1053).
FAQs on Filing a Wrongful Death Lawsuit
What is considered a wrongful death in Oklahoma?
A wrongful death in Oklahoma occurs when someone dies due to the wrongful act or negligence of another person or entity, including deaths from negligence-based incidents like car accidents, medical malpractice, or intentional acts such as crimes.
Who can file a wrongful death lawsuit in Oklahoma?
The personal representative of the deceased's estate is authorized to file a wrongful death claim in Oklahoma. This representative could be named in the deceased's will or appointed by the court if there is no will.
What types of damages can be recovered in a wrongful death lawsuit in Oklahoma?
Damages may include medical and burial expenses, loss of consortium and grief of the surviving spouse, mental pain and anguish suffered by the deceased, pecuniary loss to the survivors, grief, and loss of companionship of the children and parents of the deceased, and punitive damages in some cases.
How long do I have to file a wrongful death lawsuit in Oklahoma?
A wrongful death action must be commenced within two years from the date of the wrongful act or omission that caused the death, or when this date should have reasonably been known.
Can punitive damages be recovered in Oklahoma wrongful death lawsuits?
Yes, punitive or exemplary damages may be awarded against the person (or company) that caused the wrongful death or their representative to punish particularly bad conduct and deter such behavior in the future.
What considerations are there for wrongful death claims involving minors?
When the deceased is an unemancipated minor child, damages may include medical and burial expenses, loss of anticipated services and support, loss of companionship and love of the child, destruction of the parent-child relationship, and loss of monies expended by parents or guardian in support, maintenance, and education of the child.
How are damages distributed in a wrongful death lawsuit in Oklahoma?
After the payment of legal expenses and costs of the action, damages are distributed to the surviving spouse, children, next of kin, and the person or agency who paid medical and burial expenses or to the decedent's estate if paid by the estate.
What are some common scenarios where a wrongful death claim might apply in Oklahoma?
Common scenarios include deaths resulting from intentional acts such as crimes, medical malpractice, car accidents, excessive force by law enforcement, and nursing home abuse.
Why is hiring a wrongful death attorney in OKC important?
An experienced wrongful death attorney can provide the necessary legal guidance, help protect your rights, and work towards securing the compensation you and your family deserve.
What is the difference between a criminal prosecution for homicide and a wrongful death civil lawsuit in Oklahoma?
A criminal prosecution seeks to punish the offender with penalties like jail time, while a wrongful death lawsuit aims to recover financial compensation for the deceased's survivors or estate. The standard of proof is also different, with a higher threshold ("beyond a reasonable doubt") for criminal cases compared to civil lawsuits ("preponderance of the evidence").
Contact Hasbrook Law
We are committed to providing families with compassionate and effective legal assistance during this difficult time.
Our team can handle all aspects of your claim, from investigating the circumstances of your loved one’s death to negotiating with insurance companies and, if necessary, representing your interests in court. Our goal is to secure the justice and compensation your family deserves while allowing you to focus on healing.
If you believe you have grounds for a wrongful death claim in Oklahoma City, don’t hesitate to contact Hasbrook & Hasbrook for a consultation. Our attorneys are ready to help you understand your legal options and guide you through every step of the process.
Let our family help yours in seeking justice for your loved one’s wrongful death.