A wrongful death claim in Oklahoma is a tort or personal injury claim. It is based on the injury inflicted by a culpable party that caused the death of the deceased person and is brought by the estate of that deceased person through its representative. It is meant to compensate the family of the decedent for the loss of their loved one. The representative could be a spouse, child, or other relative of the deceased.
Under Oklahoma law, wrongful death is defined as a death caused by the wrongful act or omission of another, in a situation in which the act or omission would have allowed the deceased person to file a personal injury claim against the culpable party if the deceased had survived. (Okla. Stat. tit. 12, § 1053) These cases are best handled by an Oklahoma City wrongful death attorney.
The Nature of a Wrongful Death Claim in Oklahoma
All torts, including wrongful death claims, are civil actions rather than criminal actions. They seek monetary damages meant to compensate the estate of the decedent. Sometimes, these cases result from another’s negligent act, such as a motor vehicle accident. Other times, these cases occur as a result of professional malpractice, such as medical malpractice. Finally, death can occur as a result of an intentional act. In that case, the culpable party may face both civil action and a criminal action brought by the state of Oklahoma.
Wrongful Death Statute of Limitations in Oklahoma
In Oklahoma, the estate representative has two years after the death to file a wrongful death claim or lawsuit. If the statute of limitations expires without filing a lawsuit, the estate cannot maintain an action or claim against the culpable party. There are, however, some situations in which a court will allow an extension of the two-year limitations period.
The first of these involves under-aged family members. If all the remaining family members are minors under the age of 18, a court will “toll” or stop the running of the statute of limitations until at least one of the minors reaches the age of 18. This is because a child cannot represent the estate. Once the minor reaches the age of majority, the statute of limitations begins running.
There is another exception in which the limitations period may be tolled. This exception involves a situation in which the estate representative does not know that the decedent’s death was caused by the culpability of another person. This is called the “discovery rule.” The estate representative must act with due diligence in trying to determine the cause of death in order for the court to grant a tolling of the limitations period. Since these are complicated cases, it is best to seek the guidance of a personal injury or wrongful death attorney as soon as possible to see what is best for you and your family.
Types of Damages Involved in Wrongful Death Claims
The types of damages involved depend on the person who dies and the nature of the decedent’s relationship with those left behind. We often think of a parent dying and leaving a spouse and children behind. However, sometimes, a parent can bring a wrongful death action on behalf of a child who has died.
Typical damages often include compensation for:
- Medical and burial expenses;
- Loss of consortium and companionship
- Pain and suffering by the decedent between the injury and death;
- Punitive damages; and
- Loss of wages and support including maintenance, education, and standard of living.
If you are contemplating a lawsuit for wrongful death, you will want to get help as soon as possible. An experienced OKC injury lawyer can help you file a claim, file and prosecute a lawsuit against the culpable party, resolve the claim, and collect damages. Proving damages in these cases can be complicated. Get the help you need.
Low-cost Consultation: Oklahoma City Wrongful Death Attorney
Call us today to see how we can help you. You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.
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