Understanding Wrongful Death Claims in Oklahoma

A loved one’s death always feels wrong, especially when it’s sudden and unexpected, but legally, a wrongful death is one that occurs due to someone else’s careless, reckless, or intentionally wrongful actions. When a death was preventable if only someone else had taken reasonable care, the surviving family can recover compensation and a sense of justice for their grievous loss with the help of an experienced Oklahoma City wrongful death attorney.

What Types of Wrongful Death Cases Happen in Oklahoma?

If the circumstances of a loved one’s death were such that they could have filed an Oklahoma personal injury claim against a negligent party if they’d survived their injury, then the family can recover compensation through a wrongful death claim. The most common causes of wrongful death cited in claims include the following:

No legal process can return a lost loved one, but a successful wrongful death claim gives them back their voice for justice and eases the financial consequences of the death for the family.

Who Can File a Wrongful Death Claim In Oklahoma?

Some states allow a close family member, such as a spouse, parent, or child of a decedent, to file a wrongful death claim directly. In Oklahoma, only the personal representative of the decedent’s estate may file a claim. Under Oklahoma 12-1053, the law states the following:

“When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter…”

The personal representative or executor is typically named in the decedent’s will. If your loved one died without a will, the court will appoint a representative.

After a successful wrongful death claim, the decedent’s beneficiaries receive the compensation awarded in the claim either distributed according to the decedent’s will, or the state’s intestacy laws for those who have no will or estate plan in place.

Attorney reviewing legal documents related to a wrongful death claim during a consultation in Oklahoma.

What Can My Family Get From an Oklahoma Wrongful Death Claim?

A death has both emotional and financial consequences to loved ones, especially when the decedent was a family provider. Common compensation recovered in Oklahoma wrongful death cases includes the following:

  • Reimbursement for medical expenses incurred by the decedent before their death
  • Compensation for funeral and burial costs
  • A family member’s lost wages for bereavement time off from work
  • The lost income for the remaining years the decedent would have had left to work had they not died
  • Loss of household services
  • Compensation for emotional anguish and grief
  • Compensation for the loss of a spouse’s companionship and consortium, and/or a parent or child’s love, guidance, and support
  • In some cases, punitive damages may be available if the death resulted from egregious wrongdoing. This serves as a punishment and deterrent for the defendant and proceeds independently of any criminal charges arising from the action.

Most wrongful death claims are filed against the appropriate insurance company, such as property liability insurance after an apartment fire death or auto insurance after a car accident fatality.

How Can a Wrongful Death Attorney From Dan Davis Law Help?

Insurance companies use glossy ads and compassionate tones to attract new policyholders, but they exist to make profits. This means their goals conflict with your objective to obtain the full compensation you deserve for an egregious loss. Instead of leaving your case in the hands of an insurance adjuster whose job is to protect company profits, call Dan Davis Law or reach out to our wrongful death attorney online for prompt action in your case.