No one is ever prepared to receive the news that a loved one has died suddenly in a terrible accident. Worse yet, is when you learn that the accident could have been prevented had it not been for the negligence of another person. We know that no number of apologies, well wishes or financial compensation will ever make up for the loss of a loved one, but those responsible for your loved one’s untimely death can be held accountable. The compensation you may recover in a wrongful death claim can go a long way to make up for you and your loved ones’ financial losses.
Wrongful death in Oklahoma is a complex area of law, and you might have some questions about how it works. The following are just a few of the questions that we hear from clients and answers that can help you understand the process of filing a wrongful death claim and what you might expect:
Frequently Asked Questions on Wrongful Death Law
Who Can File a Wrongful Death Claim in Oklahoma?
The spouse or children of the deceased, including adopted children. If a child is killed, their parents may file a wrongful death claim.
What is the Oklahoma Wrongful Death Statute?
The statute of limitations in Oklahoma for wrongful death is two years. This means you have two years from the date of your loved one’s passing to file a claim or your claim will most likely be barred and the claimants will forfeit their right to file a lawsuit.
There are exceptions to the two-year limit, which your attorney will explain if it should apply to your case. It’s important to note when considering your options that in some accident cases, the date a fatal injury occurred may not be the same date as the date of passing.
What Damages Are Available in a Wrongful Death Case?
Financial compensation, or damages, are available to compensate the family of the deceased. It includes:
- Final medical bills
- Funeral costs
- Pain and suffering of the deceased individual prior to his or her death
- Grief of the loved ones
- Lost income and benefits
What Do I Have to Prove to Prevail?
A claim of wrongful death presupposes that the deceased’s death was the result of the wrongful action or failure to act of another person. The plaintiff in a wrongful death claim must first prove that the party at fault in their loved one’s death owed them a duty of care, that the breach of that duty resulted in the decedent’s death. The plaintiff must draw a line of causation between the defendant’s breach of their duty of care, and the decedent’s death.
What if I am Unable to Afford a Lawyer for My Wrongful Death Case?
Most attorneys accept cases on contingency, so you do not have to pay any attorney fees unless they are able to recover compensation for you. There are no up-front fees the hire a wrongful death attorney to represent you.
Get Started on Your Case With a Free Consultation
If you have lost a loved one because of the negligence of another person, we are sorry for your loss. You are welcome to contact the experienced lawyers at Stipe Law Firm today, at (918) 505-7741 or complete our contact form to schedule your free consultation at our McAlester office. You pay no attorneys’ fees unless we recover for you.