Losing a loved one due to someone else’s negligence is devastating, and when that loss could have been prevented, the grief is often accompanied by confusion, anger, and a desire for justice. In Oklahoma, the law gives certain individuals the legal right to file a wrongful death lawsuit and seek compensation for their losses. But not everyone is eligible to file such a claim, and understanding who can sue and how is crucial during this difficult time.
At Koller Baker & Associates, we help families across Oklahoma pursue wrongful death claims with compassion and clarity. If you’ve lost a loved one due to a fatal car accident or another tragic event, we can help you understand your rights and guide you through the legal process.
What Is Considered a Wrongful Death in Oklahoma?
Under Oklahoma law, a wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional actions. This includes situations like fatal car accidents, defective products, or unsafe premises. If the deceased had had the right to file a personal injury claim had they survived, then their estate or loved ones may be able to bring a wrongful death lawsuit on their behalf.
Who Can File a Wrongful Death Claim?
In Oklahoma, the right to file a wrongful death lawsuit lies with the personal representative of the deceased person’s estate. This individual is often named in the deceased person’s will or appointed by the court if no will exists. While the personal representative files the claim, they do so for the benefit of the surviving family members and dependents.
This may include:
- The surviving spouse
- Children (including adopted children)
- Parents (in cases where the deceased was a minor or unmarried adult)
- Other next of kin if no immediate family exists
What Damages Can Be Recovered?
A wrongful death claim in Oklahoma can help surviving family members recover compensation for both economic and non-economic losses, such as:
- Medical bills and funeral expenses
- Loss of income and future earning potential
- Pain and suffering of the deceased prior to death
- Loss of companionship, guidance, and emotional support
- Mental anguish suffered by the surviving family
Each case is unique, and the damages awarded depend on the circumstances of the death and the relationship between the survivors and the deceased.
What If There Are Multiple Eligible Family Members?
Even if multiple family members are impacted by the loss, only the personal representative can bring the claim. However, the court will allocate any awarded compensation based on the relationship and losses suffered by each survivor. This ensures that all eligible family members are considered in the outcome of the case.
How Long Do You Have to File a Wrongful Death Lawsuit?
Oklahoma’s statute of limitations gives families two years from the date of death to file a wrongful death lawsuit. Waiting too long can result in the claim being dismissed, no matter how strong the case may be. Acting quickly can also help preserve evidence and witness testimony, which is crucial in building a strong case.
Why You Need an Experienced Attorney
Wrongful death claims can be emotionally draining and legally complex. An experienced personal injury attorney can take the legal burden off your shoulders, investigate the circumstances of your loved one’s death, gather evidence, negotiate with insurance companies, and pursue full compensation through litigation if necessary.
At Koller Baker & Associates, we understand that no amount of money can replace your loved one, but holding negligent parties accountable can bring closure, justice, and financial security for those left behind.
Contact Koller Baker & Associates Today
If you’ve lost a loved one in a tragic and preventable incident, you don’t have to navigate this alone. Contact Koller Baker & Associates today to schedule a confidential consultation. We’re here to listen, advocate, and fight for the justice your family deserves.
