Losing a loved one is difficult even when you expect their death, such as in the case of prolonged evidence. But knowing that your loved one’s death is due to someone else’s carelessness or misconduct can turn a tragic situation into a devastating ordeal. If you and your family are in the heart-wrenching position of considering filing a wrongful death lawsuit after your loved one was killed due to someone else’s negligence or criminal act, Oklahoma Injury Law is here to help. While we can never bring your loved one back, we can seek to ease the financial burden heaved upon you. Call today at (405) 310-8800 to schedule your free case consultation with an Ardmore wrongful death attorney.
How Does Oklahoma Define Wrongful Death
Oklahoma’s wrongful death law states that these types of legal claims arise when someone is responsible for the death of another person through their acts or omissions. If the decedent had survived the circumstances and would have been able to file a personal injury claim, the surviving family members may have a right to compensation through a wrongful death claim.
Who Files a Wrongful Death Claim in Oklahoma?
Unlike some other states that allow family members to file a wrongful death lawsuit after a tragic passing, Oklahoma only permits the personal representative of the decedent’s estate to file this type of case. The personal representative can be named in the will or appointed by the court.
While only the personal representative has the legal right to act in this manner, they do so on behalf of the surviving family members. The following individuals may be able to recover compensation through a wrongful death claim:
- Spouse
- Child
- Parent
- Grandparent
What Financial Compensation Is Typically Included in an Ardmore Wrongful Death Case?
Every wrongful death case is different, and Oklahoma has specific rules about the types of damages it can award in a wrongful death case. However, damages that can be awarded in an Oklahoma wrongful death lawsuit include:
- The decedent’s final medical and burial expenses
- The surviving spouse’s grief and loss of consortium
- The children’s grief and loss of companionship
- The decedent’s mental pain and anguish
- The decedent’s loss of wages and benefits
In cases involving a child or unborn child, damages may include loss of the parent-child relationship and loss of the child’s companionship and love.
Oklahoma’s wrongful death law also expressly provides for the award of punitive damages in appropriate cases. Punitive damages are intended to punish the wrongdoer rather than compensate the family. However, they can provide additional financial security for the grieving family and serve to deter similar conduct in the future.
How Long Do I Have to File a Wrongful Death Lawsuit in Ardmore?
Oklahoma’s wrongful death law states that the time limit for filing this type of case is two years from the decedent’s passing. If the clock runs out on this time limit, you can lose the chance to recover compensation for your family. It can take time to investigate these types of cases and appoint a personal representative, so it’s important to act quickly to preserve your legal rights.
Contact Our Ardmore Wrongful Death Lawyers in Oklahoma
If your loved one recently died due to the negligence of others, reach out to the dedicated personal injury legal team at Oklahoma Injury Law. We have years of experience holding negligent parties accountable for their actions. Contact us to learn more about your legal rights and assistance in pursuing fair compensation.