Can I File a Wrongful Death Lawsuit and Criminal Charges at the Same Time?

All deaths feel egregiously wrong to loved ones left behind. Still, when the injury was preventable and only happened due to someone else’s careless, reckless, or wrongful actions, it’s legally a wrongful death under Oklahoma’s tort laws. Wrongful death can result from negligence, such as a person’s failure to take reasonable action to prevent harm, or from recklessness, which occurs when a person acts with disregard for the safety of others, such as in drunk driving accidents.

In other cases, wrongful death results from a person’s intentionally wrongful actions, such as criminal assaults, road rage, and intentional homicide, all with criminal repercussions. An Oklahoma City wrongful death lawyer at Dan Davis Law can help you understand your legal options for pursuing civil compensation, even as criminal proceedings may be underway.

Understanding the Two Types of Justice Systems 

After a wrongful death, the criminal justice system concentrates on punishing the wrongdoer, while the civil courts focus on compensating the victim’s family for the economic damages associated with the death as well as for the family’s emotional anguish. When an individual suffers a fatal injury at the hands of someone else’s intentional actions, their surviving family members have a right to file criminal charges to ensure that the wrongdoer is punished for their criminal actions.

They may also file a wrongful death lawsuit as a civil action against the defendant to recover wrongful death damages. Both actions are separate and independent. A wrongful death claim proceeds regardless of a jury’s findings in the criminal case.

How Does Timing Play a Role In Wrongful Death Claims With Pending Criminal Charges?

Although the criminal charges and civil process are separate and independent matters, the timing of a wrongful death claim when criminal charges are involved can be important. Depending on how long the criminal process takes, many family members choose to wait until after the criminal trial to move forward on a wrongful death claim.

Evidence presented at the trial can help make a more compelling claim for wrongful death damages. However, the criminal process is slow, and the family must also consider the two-year statute of limitations on wrongful death claims in Oklahoma. An experienced wrongful death attorney in Oklahoma City can advise you on the best timing strategy for your case.

Who Can File a Wrongful Death Claim In Oklahoma?

Some states allow a close surviving family member, like a spouse, parent, or adult child, to file a wrongful death claim directly; however, in Oklahoma, only the representative of a decedent’s estate can file a wrongful death claim. The compensation recovered goes to the victim’s estate and then is distributed to the family in accordance with the terms of the decedent’s will. If the decedent has no will, the state’s intestacy laws determine the distribution of the compensation.

In many cases, the estate representative is the same person who inherits, often a spouse, parent, or adult child.

If the decedent has no personal representative or executor, the court will appoint one. This is often a family member.

What Can a Family Recover In an Oklahoma Wrongful Death Case?

Criminal courts in Oklahoma do not award damages or compensate victims for the wrongs caused by the death, even when the court holds the wrongdoer accountable. Still, a wrongful death claim provides compensation for a family’s losses.

Depending on the circumstances of the case, a successful wrongful death claim recovers damages such as funeral and burial costs, the lost earnings of a provider for the number of years they would have continued working if they hadn’t died, compensation for lost benefits, and compensation for emotional damages like grief, anguish, and the loss of a loved one’s companionship. A wrongful death lawyer can thoroughly evaluate your case to ensure all eligible damages are included in your claim.

If you’ve lost a loved one due to someone else’s negligent or wrongful actions, a dedicated Oklahoma City wrongful death attorney can help your family pursue the civil justice and compensation you deserve. Contact Dan Davis Law at (405) 930-4210 today for supportive guidance during this difficult time.