What Is the Statute of Limitations on a Wrongful Death Claim in Oklahoma?

Tony Edwards | January 4, 2022 | Wrongful Death

Sad woman seeking legal advise from wrongful death lawyer.

Losing a loved one under any circumstance can be devastating. Losing a loved one due to someone else’s negligence can make coping and grieving even more difficult. If your relative died due to someone else’s carelessness, recklessness, misconduct, or wrongful act, you have the right to ask why it happened and demand justice.

Through a wrongful death claim, you could pursue compensation and accountability in the wake of your loved one’s death. The Oklahoma wrongful death attorneys at Edwards & Patterson Law have the knowledge and experience to help you seek the compensation you deserve.

What Is ‘Wrongful Death’ in Oklahoma?

In Oklahoma, wrongful death refers to a death caused by “the wrongful act or omission of another.” Wrongful death claims closely resemble personal injury claims because if the deceased had lived, they would have been entitled to file a personal injury lawsuit against the at-fault party. The various types of wrongful death cases include negligence-based acts like causing a truck accident or medical malpractice and intentional acts like homicide.

What Damages Are Possible in an Oklahoma Wrongful Death Case?

Through a wrongful death claim, you and your family can pursue compensation for losses you suffered as a result of your loved one’s death. Depending on the circumstances of your case, you might be able to seek compensation for:

Medical expenses that your loved one incurred before death, including hospital bills, surgeries, medications, and more
Funeral and burial expenses
Lost wages, benefits, and financial support that the deceased would have earned and provided had they not passed away
Loss of companionship suffered by members of your family in the wake of your loved one’s passing
Loss of consortium suffered by the deceased’s spouse
Pain and suffering, including emotional distress, mental anguish, post-traumatic stress disorder, and loss of enjoyment of life
Loss of household services that the deceased provided

In some cases, courts may award punitive damages to punish the at-fault party for exceptional negligence. The purpose of punitive damages is to deter similar behavior in the future.

How Long Do I Have to File a Wrongful Death Claim in Oklahoma?

Sad woman bringing red roses for her late mother. In Oklahoma, you have two years from the date of your loved one’s passing to file a wrongful death lawsuit against the at-fault party. This timeframe is known as the Statute of Limitations. The statute of limitations is quite strict. If you fail to initiate legal action against the negligent party within that two-year window, the court will very likely refuse to hear your case and dismiss it.

That’s why it is critical to get started on your wrongful death case with an experienced lawyer as soon as possible after your loved one’s passing.

Potential Exceptions to the Wrongful Death Claim Statute of Limitations in OK

There are a couple of possible exceptions to the statute of limitations on wrongful death lawsuits in Oklahoma.

If all surviving family members are minors – If the deceased’s only surviving family members are all under 18, then the statute of limitations may be extended. Once the eldest child officially turns 18, they would then initiate legal action against the at-fault party.
If the personal representative isn’t aware of the cause of death – If the personal representative of the deceased’s estate is attempting to discover the cause of the deceased’s death and it takes them more than two years to uncover the facts, they will likely still be permitted to file a wrongful death lawsuit under the discovery rule. Sometimes, investigations simply take longer than two years. However, the statute of limitations can be extended as long as the personal representative is consistently investigating the matter.

It is also important to note that wrongful death lawsuits are not generally affected by criminal proceedings. Wrongful death lawsuits are litigated in civil court, while criminal matters are separate matters litigated in criminal court. So, for example, if your loved one died as a result of an intentional act and the defendant is being tried in criminal court, you can still bring a civil suit against the defendant at any time before the statute of limitations expires. Criminal proceedings do not impact the two-year statute of limitations on wrongful death cases.

Who Is Eligible to File an Oklahoma Wrongful Death Lawsuit?

In Oklahoma, the personal representative of the deceased’s estate must file the wrongful death lawsuit in court on behalf of the surviving family. Many individuals designate a personal representative in their will or estate plan. If a person dies without appointing a personal representative, the court will usually select one.

Get Help from Our Oklahoma Wrongful Death Attorneys

If your loved one died because of someone else’s negligent or intentional act, you could hold the at-fault party responsible through a wrongful death claim. While no amount of money can truly make up for the loss of your loved one, it can help ease the financial burden on your family, particularly if the deceased was responsible for the primary source of income for your family.

The Oklahoma wrongful death attorneys at Edwards & Patterson Law have the resources to conduct a thorough investigation into your family member’s death, gather evidence to support your case, tabulate the losses your family suffered, and aggressively pursue the compensation you deserve.

Contact Edwards & Patterson Law in Oklahoma today for a free, no-risk consultation to learn how we can help fight for the compensation you and your family need and deserve.