If you have lost a loved one due to the negligence of another party, our thoughts go out to you. We know this is the last thing you wanted. It’s natural to feel anger and frustration towards the person or business that has so profoundly negatively affected your life. At Oklahoma Injury Law, we are here to guide you through the legal process of holding the at-fault party accountable for the harm they’ve caused you and your family.
We can discuss your case during a free and confidential consultation. Our Norman personal injury lawyers give each client the individual time and attention they deserve. Call us today at (405) 310-8800 to learn more about your legal options for seeking justice and accountability through a wrongful death claim in Norman.
Oklahoma’s Wrongful Death Law
Oklahoma’s wrongful death law §12-1053, applies when someone’s death is caused by the “wrongful act or omission of another.” A wrongful act is something that the defendant did – whether intentional or not. For example, murder and car accidents can both serve as the basis of wrongful death claims. An omission is something that the defendant did not do, such as failing to provide medical treatment within the applicable standard of care.
Basically, if the victim had lived through the ordeal and could have filed a personal injury claim against the defendant, the basis of a wrongful death claim exists if the victim died in the accident or later succumbed to their injuries.
Three Things to Know About Wrongful Death Claims in Norman, Oklahoma
Norman, Oklahoma wrongful death claims can be complex legal claims. Some of the most important things to know about them are:
Only the Personal Representative Can File a Wrongful Death Claim
The decedent’s personal representative is the only party permitted under Oklahoma’s wrongful death law to file this type of legal claim. The personal representative is named in the decedent’s will. If there is no will, the court can appoint a personal representative. The personal representative represents the interests of the surviving family members in this legal action.
Only Certain Family Members Can Receive the Proceeds from a Wrongful Death Lawsuit
Oklahoma law also outlines who stands to receive any proceeds won in a wrongful death lawsuit and in what proportion. Only a person’s surviving spouse, child, parent, or grandparent can potentially benefit from a wrongful death claim.
Damages Are Defined by Statute
Oklahoma’s wrongful death law also states explicitly which damages may be claimed in a wrongful death claim and who can claim them, including:
- Medical and burial expenses – paid to the person or governmental agency who paid for them or to the estate if the estate paid for them
- Grief and loss of consortium of the surviving spouse – paid to the spouse
- Grief and loss of companionship of the children and parents of the decedent – paid to the children and parents
- The decedent’s mental pain and anguish – paid to the surviving spouse and children, or the parent or grandparent if there aren’t any
- Financial loss to survivors – paid to the survivors based on properly admitted evidence
The court allocates damages based on the level of dependency the family members had on the decedent and the extent of loss each survivor suffered.
Contact Our Norman Wrongful Death Lawyers for a Confidential Consultation
If you have gone through the tragic situation of losing a loved one due to someone else’s negligence, Oklahoma Injury Law is here. Our compassionate attorneys and support staff can handle the legal process for you, allowing you space and time to grieve your tremendous loss. Contact us online to schedule a free consultation to discuss the matter, at any time that is convenient for you.