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Filing a Wrongful Death Claim after a Fatal Accident


When you have lost a beloved family member after a fatal accident, their loss can be devastating to your life in many ways. Every time you hear about an accident that had fatalities, you know that means that there are family members grieving the loss of a loved one. However, along with having lost the presence of that person in your life, comes the loss of the practical contributions that your loved one made you your and your family’s life. If the deceased was the head of a household and supported the whole family, their loss will have a significant impact in all of their lives. Added to that loss is the funeral expenses and other final expense that come with laying a person to rest.

However, surviving loved ones have civil recourse when they have lost a loved one due to the negligence of another. In Oklahoma, a wrongful death lawsuit provides a way for the family members of the deceased to recover compensation for the loss of their loved one.

When a passenger in a motor vehicle is killed in truck accident which was caused by the negligence of the truck driver, the surviving family members of the deceased may have grounds for filing a wrongful death claim against the party responsible for the crash. In Oklahoma, the personal representative of the deceased can take legal action against the responsible party in order to recover the financial compensation that the decedent might have recovered for their injury had they survived the accident. There is a two year statute of limitations on filing a wrongful death action. 12 OK Stat § 12-1053 (2015)

A wrongful death lawsuit can hold the negligent party responsible for an unnecessary death

When an individual’s negligent actions or failure to act causes the death of another human being, that death was not only wrongful, it was unnecessary and could have been prevented. Filing a wrongful death lawsuit gives the surviving family members the opportunity to recover compensation for the loss of their loved one’s presence in their lives, for the love, companionship they gave, and for the financial contribution they made to the family.

In order to prevail in a wrongful death legal action, there are several elements that must be in place including:

  • Evidence that a person has died.
  • The party at fault owed the deceased a duty of care.
  • The decedent’s death was caused by a breach of the duty of care.
  • The surviving family member has suffered a financial loss because of the death.

Proving a wrongful death can be complicated. Working with an experienced Oklahoma wrongful death attorney allows family members to focus on healing while we focus on obtaining the compensation you are looking for when you lose a loved on because of the irresponsible behavior of another person.

Wrongful death litigation can be emotionally draining. If your loved one died because of someone else’s negligence or misconduct, you need an experienced and compassionate attorney by your side to protect your rights. The experienced Oklahoma wrongful death attorneys at Stipe Law Firm fight for your rights and help get you the compensation you deserve. Please call (918) 505-7741 or fill out our contact form today for a free consultation in our McAlester office. We offer comprehensive and compassionate representation for families throughout all of Oklahoma.