In Oklahoma, a wrongful death claim occurs when someone dies because someone else did something wrong or didn’t do something they should have. If the victim had lived, they may have filed a personal injury claim, which is quite similar to this one.
Oklahoma is noted for its wide-open spaces, small towns, and a combination of rural and urban areas. Many families have deep roots here, and people often help each other out in small ways. When an unexpected death happens, the impact can ripple through tight-knit areas in a very real way.
An Oklahoma City wrongful death lawyer can help families understand how the law works in these cases and what they need to do to go ahead. That guidance can help you understand what to do next.
What Counts as a Wrongful Death in Oklahoma?
According to Oklahoma law, a wrongful death happens because of wrongful conduct or failure to act. The law covers things like driving carelessly, making medical mistakes, or working in unsafe conditions. It also includes intentional acts to hurt someone.
What Needs to Be Proven?
You have to prove certain things in order to win a claim.
- Duty of care: The offender owed the person who died a legal duty.
- Breach of duty: The person at fault did not follow through with what they were meant to do.
- Causation: That failure caused the death directly.
- Damages: The death caused the surviving family to lose certain things.
What Kinds of Situations Often Lead to Claims?
Accidents that cause death can happen in numerous settings, but some happen more often than others.
Common examples include:
- Car accidents where someone dies because another driver wasn’t paying attention
- Medical mistakes that cause deaths that could have been prevented
- Accidents at work due to unsafe practices or a lack of control
- Intentional acts like assault
Who Is Allowed to File a Wrongful Death Claim?
The only individual who can file the case is the personal representative of the deceased person’s estate. This person could be someone the deceased named before they died or someone a court chose. The representative files the case for the family members who are still alive.
The law does this to make sure there is no uncertainty about who is in charge of the estate.It also makes sure that one clear voice handles the claims procedure.
What Kinds of Damages Are Allowed?
Oklahoma law says you can get back a lot of different types of damages, like:
- Costs of medical care and funerals
- Loss of job opportunities and income
- Loss of companionship for the spouse, children, or parents
- The pain and suffering of the person who died
- The mental anguish that family members went through
Punitive damages may also be available in some situations of very bad conduct.
Key Takeaways
- A wrongful death claim is based on wrongful conduct or failure to act that led to a death.
- In Oklahoma, you have to prove duty, breach, causation, and damages.
- Only the personal representative can file the claim.
- Damages might be financial losses and emotional harm.
- A claim must be filed within two years in Oklahoma.
