How to File a Wrongful Death Claim After a Fatal Car Accident in OKC
No one expects the worst to happen to them or a loved one on the road, yet there were 46,027 car accident fatalities in the U.S. in a single recent year with nearly 700 car accident deaths in Oklahoma in 2023 alone. Although the death of a loved one always feels wrong to those left behind, when a catastrophic car accident occurs due to another driver’s negligence, the law in Oklahoma considers it a wrongful death.
Sudden car accident deaths have devasting consequences for family members, often with related financial concerns piling up on top of the family’s grief and anguish. A successful wrongful death claim demands financial accountability and also provides grieving family members with a sense of justice. Before approaching a wrongful death claim, it’s important to understand the process and a wrongful death lawyer in Oklahoma City is here to help.
Who Can File a Wrongful Death Claim in Oklahoma?
Some states allow a close family member to file a wrongful death claim directly after a car accident fatality, but in Oklahoma, only an appointed family representative may file a claim. Depending on the circumstances, the representative may be one of the following:
- The executor or personal representative named in the decedent’s will or estate plan
- An administrator of the estate named by the probate court if the decedent doesn’t have a will
- A close family member appointed as the family representative by the court
- An attorney named as a representative by the court
A personal representative in an Oklahoma wrongful death claim files the petition to uphold the decedent’s rights and advocates for the close family members as they move the case forward to recover financial damages.
How Does the Car Accident Wrongful Death Claim Process Work In Oklahoma?
After a fatal car accident, a wrongful death claim typically begins with a direct claim for damages against the auto insurance of the at-fault driver. Less commonly, the at-fault party could be a negligent road maintenance agency or the manufacturer of a defective auto part. An effective claim must prove the at-fault party’s liability by showing evidence of the following:
- That the at-fault party owed a duty of reasonable care to the decedent
- They breached this duty through negligence
- The breach of their duty to take reasonable measures directly caused the fatal injury
- The decedent’s family suffered damages from the injury
It takes a skilled attorney’s investigation to present a compelling case for liability and a carefully calculated list of damages to obtain the largest possible settlement. If the insurance company undervalues or wrongfully denies the claim, the representative may pursue a lawsuit in court.
What Damages Can I Recover in an Oklahoma Wrongful Death Claim?
A death in the family is always an emotional tragedy. It can also become a financial catastrophe, especially when a car accident death occurs to a family provider. A successful wrongful death claim in Oklahoma results in compensation for common damages such as the following:
- Any medical expenses incurred by the decedent before their death
- Funeral and burial expenses
- Lost earnings for family members who missed work due to the death
- The lost income for the remaining earning years the decedent had left to them had they survived their injury
- Compensation for household service
- Compensation for grief and anguish
- Compensation for other non-economic damages that might apply such as loss of consortium and companionship, or the loss of a parent’s support and guidance
A skilled Oklahoma City personal injury attorney carefully calculated the family’s damages after the car accident death to maximize the compensation recoverable in their claim.
Although financial compensation cannot erase grief and anguish, it provides a sense of justice, relieves financial hardship associated with the death, and gives a loved one who died back their voice. Contact us today.