Wrongful Death Action

What qualifies as a wrongful death case? What is wrongful death action?

A wrongful death case involves a person who is killed in an accident due to someone else’s negligence or failure to maintain what’s called the “standard of care.” Wrongful death actions are brought on behalf of the deceased’s estate, and demand compensation for the loss of a loved one.

Who are the real parties of interest or who has the legal authority to file a wrongful death suit in Oklahoma?

The parties of interest in a wrongful death claim can be anyone who is an heir as defined by the Oklahoma Wrongful Death Statute. Often there’s a priority order of individuals as far as who brings the suit. Surviving spouses or parents of the deceased’s children usually have preferential treatment as far as bringing the suit. When someone has been appointed to be a personal representative over the estate, that individual has standing to bring the case.

What steps do we need to take to begin the wrongful death lawsuit process?

The most important thing is to sign the necessary paperwork with our office to begin the process. We can do the sign-up process in-person or remotely, depending on our client’s preference. Once this is done, we can start assessing who the potential heirs to the deceased are, and determine who should be the one to bring the suit.

What do we need to prove in a wrongful death action?

What must be proved in a wrongful death case is that the person who caused the death had an obligation to use reasonable care, and that they failed to do so, resulting in the wrongful death.

What damages are survivors entitled to in a wrongful death claim in Oklahoma?

There is a wide array of damages available to beneficiaries under a wrongful death case, including loss of income, loss of companionship, loss of consortium, pain and suffering, and more.

What do you say to potential clients who are thinking: “Liability in the accident that killed my loved one is clear; surely we can save money by handling this on our own”?

Most of the public is not aware of the full extent of damages they are entitled to in a wrongful death claim. Even if liability is clear, you have to understand which damages you are entitled to, and how to prove those damages. Without legal training, most people are not able to prove them. Additionally, insurance companies tend to make significantly lower offers to unrepresented people.

For more information on wrongful death cases in Oklahoma, call (918) 777-4529 to schedule an initial consultation.