The loss of a loved one brings many unfortunate consequences on the survivors. The grief and loss of companionship of a father, mother or child is something that cannot be measured in terms of dollars or damages. However, in some circumstances, it is appropriate for the wife, husband, parents or children to seek damages for the wrongful death of a loved one.
Wrongful death can occur from a motor vehicle/trucking accident, defective drugs or medication, defective automobile or tractor, faulty equipment or tools, or from the neglect of a doctor, hospital or nursing home. It is very important to preserve evidence in a wrongful death case, whether it be a part from a tool, an automobile, medical records, pill bottles or other evidence. Obtaining the services of legal counsel to assist in the collection and preservation of evidence is an important step in protecting the rights of those who may have a wrongful death case.
In Oklahoma, the survivors in a wrongful death case are usually entitled to recover as damages the funeral and burial expenses, medical expenses of last illness, damages for the grief and loss of companionship of the parent or child, husband, or wife, and pecuniary damages, which are damages caused by the death of a person who is providing income to the others in the family. On some occasions, punitive damages may be appropriate.
Often, insurance companies will approach the family of a deceased and try to get them to sign a release while they are still grieving over the loss of a loved one. Sometimes the money paid is completely inadequate to compensate for the loss, but the insurance company will take advantage of the situation and get the family to settle for pennies on the dollar. In such cases, the family should refuse to sign any papers and consult with their lawyer.
The statute of limitations for wrongful death cases is two years from the date of death.
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