Legal Rights of Surviving Family Members in Wrongful Death Cases: Your Oklahoma Car Accident Lawyer
It is traumatizing to lose a loved one in a tragic accident. Even while there will never be anything that can fully set things right, bereaved families require accountability, financial assistance, and closure. Filing a wrongful death lawsuit with help from an Oklahoma car accident lawyer provides a path to compensation.
This raises an important question: In Oklahoma, who is eligible to file a wrongful death claim?
The short answer is that the claim will be lodged on behalf of immediate family members and filed by the state’s personal representative.
Oklahoma Statutes §12-1053 (2023)
Under Oklahoma law, a wrongful death occurs when a person dies due to the wrongful act or negligence of another party. This can include a wide range of incidents, such as car accidents, medical malpractice, workplace accidents, or criminal actions. The key element in a wrongful death case is that the death was caused by another party’s misconduct.
Who Can File a Wrongful Death Claim in Oklahoma?
In Oklahoma, the person representing the decedent’s estate is granted the authority to file the lawsuit. This personal representative is typically an adult child, spouse, or parent who has been designated by the court. The court may designate a personal representative in the absence of a will or estate plan that named one for the deceased.
It is important to note that while the personal representative files the lawsuit, they do so on the deceased person’s behalf and the surviving family members. This means that any compensation awarded in the wrongful death lawsuit will benefit the deceased’s surviving family members, such as:
- The Spouse of the Deceased: If the decedent was married, the spouse is often the primary beneficiary.
- Children of the Deceased: Both minor and adult children can receive compensation.
- Parents of the Deceased: If the deceased was unmarried and had no children, the parents may be the primary beneficiaries.
- Siblings and Other Relatives: Depending on the circumstances and family structure, other relatives might also have rights to compensation, though this is less common.
Statute of Limitations
In Oklahoma, wrongful death claims must be filed within a specific timeframe, known as the statute of limitations. According to Oklahoma Statutes, the personal representative has two years from the deceased’s departure date to file a wrongful death lawsuit. Failing to file within this period typically results in the loss of the right to seek legal remedy.
Hiring an Oklahoma Car Accident Lawyer
Given the complexity and emotional nature of wrongful death cases, it is highly advisable for the surviving family members to hire an experienced Oklahoma car accident lawyer. A qualified Oklahoma car accident lawyer, if other parties were involved, can provide invaluable assistance by:
- Ensuring all legal requirements and deadlines are met
- Collecting and presenting the necessary evidence to build a strong case
- Engaging in settlement negotiations to secure fair compensation
- Advocating on behalf of the family during the trial if necessary
Oklahoma law ensures that surviving family members, such as spouses, children, parents, and even personal representatives, have the right to pursue legal action against those whose negligence resulted in wrongful death. The compensation awarded covers various damages, including medical and funeral expenses, loss of companionship, pain and suffering, and lost financial support.
If your loved one died in a car accident because of a drunk driver, hire an Oklahoma car accident lawyer. Get in touch with J. Jackson Law Offices to know what your rights are. For more information, call (855) 438-5552.
