The untimely death of a loved one is something that will likely affect you in a deep, psychological way, both in the near term and possibly for the rest of your life. The grief of losing a family member can result in depression, anxiety attacks and other serious symptoms, all the more so if the death is sudden and unexpected.
When a third party bears some or all of the responsibility for causing the death of your loved one, you expect to see justice served to the full extent of the law. Filing a wrongful death claim is the first step in holding the liable party accountable.
What constitutes wrongful death?
Oklahoma statutes define wrongful death as the death of a person caused by negligent, intentional, careless or unjust parties. Any accident for which a surviving victim could justifiably file a personal injury claim is likely an instance of wrongful death if the victim instead passes away due to their injuries.
Common causes of wrongful death that may form the basis of your case include:
- Car accidents
- Medical malpractice in hospitals, clinics or nursing homes
- Defective product accidents
- Slip-and-falls, assault and other incidents pertaining to premises liability
When filing a wrongful death claim, the burden is on you and your legal team to prove that another party is guilty of the wrongful acts leading to the death of your loved one. Keep in mind that the statute of limitations for filing a wrongful death claim in this state is two years after the date of the loss.
Who can file a wrongful death claim in Oklahoma?
It’s important to note that in Oklahoma, the personal representative of the deceased’s estate typically files a wrongful death action on behalf of the beneficiaries.
If there is no named personal representative and family members cannot agree on one, the following parties could serve as the personal representative in a wrongful death lawsuit:
- The deceased’s surviving spouse
- The deceased’s surviving parent
- The adult children of the deceased
- Individuals financially dependent on the deceased
While nothing can fully make up for the loss of a loved one, pursuing financial compensation for a wrongful death case can help your family get back on its feet after a tragic loss.