Who Can Bring a Wrongful Death Claim in Oklahoma?

Losing a loved one is always painful, but the grief can be intensified if you discover their death could have been prevented if someone else had been more careful or responsible. When the negligence of individuals, groups, or organizations costs someone their life, surviving family members could seek accountability, closure, and fair compensation through a wrongful death claim. However, Oklahoma law limits who can bring these types of lawsuits and the damages they can recover. You can contact the knowledgeable wrongful death attorneys at Edwards & Patterson Law for a free case review to learn if you might be eligible to file this type of claim.

What Is the Meaning of “Wrongful Death”?

A “wrongful death” is defined as any death that results from another party’s negligence, wrongful act, or omission. Common causes of wrongful deaths in Oklahoma include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Defective products
• Dangerous premises
• Workplace accidents
• Exposure to hazardous materials
• Medical malpractice
• Nursing home abuse
• Acts of violence

What Is a Wrongful Death Lawsuit?

Under Oklahoma law, there are grounds for a wrongful death lawsuit any time someone dies due to another party’s negligence or intentional act. You can think of a wrongful death case as a particular type of personal injury case in which the injured victim is no longer alive to pursue it for themselves. As a result, wrongful death lawsuits are brought on behalf of the deceased’s estate and their surviving loved ones.

A wrongful death lawsuit is a type of civil claim, which means the liability of at-fault parties is expressed exclusively in financial terms. This is different from a criminal homicide case, which can result in mandatory fines or jail time. An at-fault party can be sued for wrongful death while also facing criminal charges for the same incident. However, it is not required for a criminal act to have occurred or for the defendant to be convicted of a crime in order for the family to bring forth a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit in Oklahoma?

In Oklahoma, only the personal representative of the deceased person’s estate has the authority to file a wrongful death lawsuit.

The personal representative acts on behalf of the deceased person and their beneficiaries. If the deceased person left behind a will, the individual they nominated as their executor commonly fills the role of the personal representative. However, if the deceased did not leave behind a valid will or the nominated executor cannot serve as a personal representative, the court can appoint someone else instead.

What Are the Elements of Wrongful Death Lawsuits?

To have a valid wrongful death lawsuit, you must be able to demonstrate the existence of the four following elements:

• Another party had a responsibility to avoid harming the victim – You must prove that the other party owed some legal duty to the victim. For instance, motorists are responsible for driving safely and obeying traffic laws. Meanwhile, doctors have an obligation to provide patients with acceptable medical standards of care.
• The other party was negligent in its responsibility – You must show that the defendant failed to meet their responsibilities. Examples could include a motorist who chose to drive drunk or a surgeon who failed to follow proper procedures.
• The victim died due to the other party’s negligence – You must demonstrate a causal link between the other party’s negligence and the circumstances that led to the victim’s death.
• The victim’s death resulted in measurable losses – To recover compensation, you must show that the victim’s death resulted in quantifiable losses, such as medical costs, funeral expenses, or reduced household income.

Is There a Statute of Limitations for an Oklahoma Wrongful Death Lawsuit?

Yes, there is. The time limit, known as the statute of limitations for an Oklahoma wrongful death lawsuit is 2 years. If you do not file your lawsuit within that two years, you will have lost your opportunity to have your lawsuit heard in court. Do not wait if you are considering filing a wrongful death lawsuit. 

What Damages are Available in Oklahoma Wrongful Death Lawsuits?

“Damages” refers to the losses for which survivors claim compensation in a wrongful death lawsuit. In a successful wrongful death lawsuit in Oklahoma, the court may award compensation for:

• Reasonable medical and funeral expenses paid by the estate or family
• Anticipated or actual loss of the services and support of the deceased
• Loss of lifetime wages and benefits the deceased would have earned
• Grief and loss of companionship suffered by surviving children or parents
• Loss of consortium (marital companionship) suffered by surviving spouses
• Pain and suffering experienced by the victim prior to their death 
• Punitive damages, which are awarded by judges in rare cases involving at-fault parties who behaved with extreme recklessness or intentional malice 

How Are Wrongful Death Settlement Amounts Determined?

It is difficult, bordering on impossible, to place a dollar value on someone’s life. Any of the following factors can play a role in calculating a fair settlement:

• The age and health of the victim at the time of death
• The victim’s regular wages at the time of death
• The education, training, and lifetime earning capacity of the victim
• The ages and circumstances of any dependents of the deceased
• Any expenses family members incurred on behalf of the deceased
• The projected value of lost benefits the deceased would have provided
• The circumstances surrounding the victim’s death (who was at fault)

How Are Wrongful Death Settlements Paid?

Oklahoma law has specific requirements regarding the distribution of wrongful death settlement payments, which depend upon the type of compensation and the relationship of claimants to the deceased:

• Surviving spouses – Surviving spouses are entitled to compensation for the loss of consortium, grief, the loss of the deceased’s income and benefits, and any medical or funeral expenses the spouse paid on behalf of the deceased.
• Surviving children – Surviving children are entitled to compensation for the loss of parental companionship, the loss of the deceased’s income and benefits, and any medical or funeral expenses the children paid on behalf of the deceased.
• Surviving parents – Surviving parents are entitled to compensation for the loss of child companionship, any financial support lost by the death, and any medical or funeral expenses they paid.

If compensation is awarded for the punitive damages or the pain and suffering of the deceased, surviving spouses, children, and parents split these amounts in the same way that the decedent’s personal property is divided when there is no will.

Contact an Oklahoma Wrongful Death Attorney Today

If you believe you have grounds for a wrongful death case in Oklahoma, it’s best to discuss your situation with a local lawyer. Contact the compassionate wrongful death attorneys at Edwards & Patterson Law today for your free initial case review.

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