Understanding the Wrongful Death Lawsuit

Have you experienced the loss of a family member who passed away due to another party’s actions? If so, the unbearable pain of your loss is undoubtedly amplified by feelings of anger and injustice.

At Edwards & Patterson Law, we want to help if someone in your family suffered a wrongful death. While a wrongful death lawsuit will not undo the tragedy you are going through, it can help you hold negligent parties accountable for their actions. A wrongful death claim can also help protect your future, ease your financial constraints, and make it easier for you to focus on healing from your devastating loss.

Our Oklahoma wrongful death lawyers have more than 40 years of experience and have garnered widespread recognition for our track record of success. To learn more about wrongful death claims in Oklahoma, contact us today for a free consultation.

What is a Wrongful Death Claim?

From a legal standpoint, a wrongful death claim is another type of personal injury claim. As with most personal injury cases in Oklahoma, a wrongful death claim is a way for victims to seek compensation for their losses due to another party’s negligent or intentional acts.

The critical difference in wrongful death claims is that the victim cannot file a lawsuit on their own. A wrongful death lawsuit must be filed on behalf of the deceased. Oklahoma law requires wrongful death claims to be filed by the personal representative of the deceased’s estate. The personal representative is sometimes referred to as the “executor” of the estate.

Ideally, the deceased will have named their personal representative in their will or some other legal document. If the deceased did not designate a personal representative before their death, the courts may appoint their surviving spouse or next of kin to represent the deceased’s estate.

Most wrongful death claims are based on the negligent actions of the party who caused the deceased’s death. Wrongful death occurs when someone’s action or failure to act results in an individual’s passing.

Finally, it’s important to note a few critical differences between wrongful death lawsuits and criminal prosecutions related to someone’s death. The state brings criminal charges, and the prosecutor must prove a defendant is guilty “beyond a reasonable doubt.” A wrongful death lawsuit is a civil court case, and the plaintiff is only required to prove it’s more likely than not that the defendant caused the deceased’s death.

While a criminal conviction can be used as evidence in a wrongful death claim, you do not have to prove someone is guilty of a crime to hold them accountable for a wrongful death.

If your wrongful death lawsuit succeeds, you may be able to recover compensation for:

• Funeral and burial expenses
• The deceased’s medical bills related to their death
• The income or other financial benefits you have lost due to a wrongful death
• The loss of emotional support from the family member
• Grief and other emotional distress resulting from a wrongful death
• Punitive damages (in some cases)

Damages awarded in a wrongful death claim are either damages to the deceased person or those suffered by their surviving family.

Common Causes of Wrongful Death

Some of the most common causes of wrongful deaths in Oklahoma include:

• Motor-vehicle crashes (car accidents, motorcycle accidents, truck accidents, bicycle accidents, pedestrian accidents, etc.)
• Medical malpractice
• Defective products
• Dangerous hazards on someone’s property
• Acts of violence (physical assaults, stabbings, shootings, etc.)
• Workplace accidents
• Abuse at nursing homes or assisted living facilities
• Exposure to hazardous substances

What is the Difference Between “Heirs” and “Personal Representatives” in Wrongful Death Claims?

The personal representative of the deceased’s estate is someone who’s been chosen by the deceased or appointed by the court to stand in for the deceased in certain legal matters. Typically, the personal representative is someone close to the deceased, such as a surviving spouse, a sibling, a child, or a parent. However, the deceased could also choose their attorney, a trusted friend, or anyone else they want as their personal representative, as long as certain legal requirements are met.

Heirs are those who stand to inherit from the deceased if there is no will. The personal representative of the deceased’s estate may be one of the deceased’s heirs, though this doesn’t necessarily have to be the case. While a deceased’s heirs are the ones who will ultimately inherit any property from the deceased’s estate, they are not eligible to file a wrongful death claim. Only the personal representative can file a wrongful death claim under Oklahoma law.

Is There a Statute of Limitations on Wrongful Death Claims?

Under Oklahoma law, you generally have two years from the date of the deceased’s death to file a wrongful death lawsuit. If you miss this deadline, you will most likely lose the chance to recover any compensation for the tragic loss you have suffered.

Contact a Wrongful Death Claims Lawyer in Oklahoma

In the wake of the untimely death of a family member, some people are hesitant to get involved in complex legal proceedings while processing the aftermath of their loss. However, it’s essential to consider your financial future if you have lost someone in your family. Funeral and burial costs can be costly. You may also have to deal with the deceased’s outstanding medical bills.

The Oklahoma wrongful death lawyers at Edwards & Patterson Law can take care of all the legal work involved in your case while you and your family focus on what matters: Healing from the terrible loss you have endured. Let us help you and your family get the answers and justice you deserve. Contact our office today for a free consultation with one of our compassionate lawyers.