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Wrongful Death Attorney in Oklahoma

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Wrongful Death Attorney in Oklahoma

The only thing worse than losing a beloved family member is losing that person due to another person’s careless actions. Sadly, this happens every day in the United States due to car accidents, medical malpractice, slip and falls, and more. While no amount of money can bring back your loved one, filing a wrongful death claim can take some of the stress away. Do not do it alone; let an Oklahoma wrongful death lawyer help.

Who can file a wrongful death claim?

Not just anyone can file a wrongful death claim. Oklahoma law only allows a “personal representative” of the deceased’s estate to file a claim against the negligent party. The “personal representative” in these cases is often the executor of the will, spouse, parent, adult child, or sibling.

In addition, the personal representative can only file a claim when the victim would have been eligible to file a personal injury claim. In fact, these claims primarily follow the same rules as personal injury claims.

Essentially, if the deceased would have been able to file an injury claim (such as in a slip and fall or car accident), a personal representative can file a claim.

You have two years after the death of your loved one to file a wrongful death claim in Oklahoma.

When the court finalizes the amount of compensation in an Oklahoma wrongful death case, the judge also determines how the survivors will split the payout. Those who benefit from the payouts in these claims most commonly include spouses and children, or parents.

What type of damages can I recover in a wrongful death suit?

Because Oklahoma wrongful death claims fall under the broader heading of personal injury claims, two categories of damages are available. This includes the damages suffered by your deceased loved one before his death and the damages suffered by your family after his death.

Compensable costs for the estate often include:

  • Emergency medical care
  • Hospitalization costs
  • Medical bills
  • Burial expenses

Compensable costs for the family include:

  • Lost wages
  • Pain and suffering
  • Loss of future income
  • In some cases, punitive damages

It is important to note that Oklahoma law limits some type of damages based on the relationship with the deceased. For example, only a spouse can receive compensation for loss of consortium. Children may request compensation for loss of companionship, however. All parties can request compensation for their grief and emotional suffering.

What evidence do I need to prove damages?

While financial damages such as medical expenses and funeral costs are simple to calculate, other damages are more complex. Lost wages and loss of earning capacity are extremely important in these cases because they are the only way to recover the income you planned for your loved one to earn.

Proving how much your loved one might earn in the coming years requires careful review of pay stubs, as well as the expert testimony of economists and human resources professionals.

Where can I get help filing a claim?

You should focus on yourself and your family during this difficult time. Let a wrongful death attorney in Oklahoma manage your wrongful death claim for you.

Contact an Oklahoma wrongful death attorney today.

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