The unexpected death from an accident is not the type of news anyone is prepared to receive. The situation becomes even more difficult when the accident that took your loved one’s life could have been prevented, but for someone else’s negligence.
According the CDC, there are tens of thousands of deaths each year due to motor vehicle accidents, poisonings, and the use of firearms. Accidental injuries are a leading cause of death. When those accidents are caused by someone else’s negligence, you have legal options. In a wrongful death claim, the compensation you recover can help you and your family significantly toward covering the financial losses incurred as a result.
What is the statute of limitations for filing a wrongful death claim?
The statute of limitations to file a wrongful death claim in Oklahoma is generally two years from the date of death. Some exceptions exist to this limit. If those exceptions apply to your case, an experienced Tulsa wrongful death attorney can explain what that means for you and your family. Generally, if a wrongful death claim is not submitted in the state before the two-year limit expires, a claim may no longer be filed by the family of the deceased loved one.
Who can file a claim?
In Oklahoma, a spouse, next of kin, a special administrator or a personal representative of the decedent can file a claim. (This is usually the person named in the Will.) The spouse or children (including adopted children) of the deceased may file a wrongful death claim if there is no personal representative.
What damages are available
The types of damages available to the family of a deceased loved one who was wrongfully killed include:
- Funeral and burial expenses
- Medical bills
- Loss of future income and benefits
- Grief suffered by the loved ones, including loss of consortium
- Pain and suffering endured by the deceased before his or her death
What proof is required to win a wrongful death case?
When family member files a wrongful death claim, the claim presupposes that the death was caused by some type of negligence – a wrongful action or failure to act. The claim must provide proof that the alleged at-fault party fell short in providing the duty of care it owed to the deceased and that this breach of duty resulted in his or her death. The claim must assert a causal connection between the decedent’s death and the defendant’s failure in providing duty of care.
Can I afford a wrongful death attorney
Most wrongful death attorneys will provide their services on a contingency basis. That means you will not have to pay any attorney fees, including upfront fees, until the attorney recovers compensation for you. If the attorney secures an award or settlement on your behalf, a percentage of that money will go to pay the attorneys’ fees.
That’s how we do things here at Biby Law Firm. All of our cases are taken on contingency, so you never have to put your hand in your pocket for us.
If your spouse or child was wrongfully killed due to negligence of another party, Biby Law Firm can guide you through the process of filing a wrongful death claim. To arrange a free consultation, give us a call today at 918.574.8458 or reach us through our contact form. From our office in Tulsa, we represent clients throughout the state.
Jacob Biby has spent his legal career helping folks just like you get the resources they need after an injury. He completed his undergraduate degree at Oklahoma State University and earned his Juris Doctorate from the University of Tulsa in 2008. Jacob is licensed to practice in all Oklahoma state and federal courts, and has limited his career to representing individuals and families who were injured by the negligence of other people or corporations. Learn more about Jacob Biby.