Oklahoma’s Wrongful Death Statute Explained
Are you looking to file a wrongful death lawsuit and want to know what that entails?
If so, then you’ve come to the right place. Not only are you going to find out what a wrongful death suit is, but you’re also going to find out about the Oklahoma wrongful death statute and other limitations that you need to be mindful of.
We don’t want to keep you waiting to achieve the justice that your loved one deserves. Let’s get right into all the useful information that you need to know to move forward with your claim.
What is a Wrongful Death Lawsuit?
Wrongful death is defined as the death of a person that has occurred because of the negligence of another person. Many causes fall under the causes category of wrongful death.
The first will be medical malpractice if the diagnosing of an illness or injury leads to the death of the patient. Death could also be the result of the doctor using the wrong method of treatment to assist in patient recovery.
Another cause of wrongful death would be someone killing another person with a car. Whether they were speeding or driving while under the influence because of their negligence, someone lost their life. More than 10,497 people lost their lives because of a drunk driver.
While we’re on the topic of vehicular deaths, another cause could be the malfunctioning of the vehicle. If it’s the vehicle that causes death, then it’s called product liability.
It’s the job of the vehicle manufacturer to ensure that the car is in working conditioning before debuting it in showrooms for potential customers to purchase. Now that you’ve gotten a better understanding of what wrongful death is, we can now dive deeper into what you can sue for in your lawsuit.
What Damages Should My Lawsuit Include?
When you file a lawsuit, you’re doing so to seek compensation for your loved one that has lost their life because of someone else negligence. The first thing that you might consider suing for is lost wages.
This will help to provide income until someone else can take over as the sole provider for everyone. The next thing you might seek as far as damages go is monetary help to provide funeral services for your loved one.
Funerals can be expensive, and it’s only right that the person that caused the death be responsible for helping the family pay the funeral expenses. You should also ask for funds to help pay the remaining medical bills that were left behind by the deceased.
One type of damage you can sue for that sets Oklahoma apart from others is the ability to sue for punitive damages. Punitive damages are not a monetary amount awarded to the deceased family.
Instead, it is a way to punish the company that is at fault for causing the death in the first place. It serves as a reminder to the company and those that work within it that no crime will go unpunished and that they need to take the work they do seriously or risk being hit with more lawsuits in the future.
Statute of Limitations
Like with most crimes when it comes to filing a wrongful death lawsuit, there is a time limit. It’s recommended that following the death of a loved one, you file as soon as possible and find an Oklahoma City wrongful death lawyer.
But the course system also understands that during a time of grieving, the last thing that’s on your mind is filing a lawsuit. To provide victims with the time they need to grieve their loss, the statute of limitations ends two years after the death of the victim.
This gives family members the time they need to collect all of their documentation and find a legal team to represent them in court. But, it should be known that once the two years is up, then the lawsuit can no longer be presented in court.
When you sot down to speak with your lawyer, ask them if the limitations and other guidelines apply to your case. The reason for this is that a wrongful death suit is a criminal case, and it can hold different guidelines when it comes to the legal process.
Who Can Submit a Wrongful Death Claim?
Being that the victim is deceased, family members will be the ones to submit the wrongful death claim, but not just anyone can file a claim. The first set of people in the victim’s family that can file a lawsuit are the immediate family members.
This includes their spouse and any children that they’ve had together. If they weren’t married and didn’t have children, the next group of people that could file would be the parents and siblings of the victim.
After them, it would be a domestic partner or close friend that can file the lawsuits.
Oklahoma Wrongful Death Statute Explained
Now that you’ve got all of the information you need when it comes to the Oklahoma wrongful death statute, you can continue with the process of your legal case. No one deserves to die because of someone else carelessness, but unfortunately, it happens every day.
With the facts we gave above, you can help your loved one receive the justice that they deserve even though they are no longer living.
If you’re in need of a personal injury lawyer to represent you in court contact Little Oliver Gallagher. The practice features three skilled lawyers that practice in various areas, including wrongful death, motorcycle accidents, medical malpractice, and more.
With our lawyers in your corner, you’re sure to get the settlement that your family deserves.