Although a wrongful death action might spin off of a criminal case, they’re civil actions that seek financial compensation for the loss of a family member. Oklahoma law defines a wrongful death as circumstances “when the death of one is caused by the wrongful act of another.” As per our wrongful death lawyers Norman OK, that act might be intentional, reckless or simply negligent. Here are examples of some of the types of accidents that wrongful death actions might arise from:
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Motor vehicle crashes.
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Construction accidents.
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Oilfield accidents.
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Medical negligence.
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Accidents from dangerous conditions on property owned or occupied by others.
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Deaths caused by dangerously defective products.
The Time for Filing
The general rule in Oklahoma is that the personal administrator has two years from the date of the decedent’s death to file a wrongful death lawsuit. There are very few exceptions to this rule. Failure to bring a timely wrongful death case is likely to cause it to be dismissed forever.
Who Can Bring the Lawsuit?
Only a personal administrator who is appointed by the court can bring a wrongful death action. Those people are usually one of the following:
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The decedent’s spouse or domestic partner.
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The children of the decedent.
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The decedent’s parents.
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His or her siblings.
Damages
Monetary damages that can be awarded in Oklahoma wrongful death cases vary widely. Here are a few of them:
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Medical expenses incurred before the decedent’s death.
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Loss of the decedent’s income or financial support.
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Pain and suffering prior to death.
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Loss of medical or retirement benefits.
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Grief, loss of companionship, comfort and guidance.
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Funeral and burial expenses.
We realize how difficult it is after the untimely loss of a family member, but you should contact our offices as soon as possible after the accident. We can arrange for a free consultation and case review with one of our wrongful death lawyers Norman OK. We’ll be pleased to answer your questions and advise you further on wrongful death actions in Oklahoma.
