Wrongful Death
Wrongful death claims in Oklahoma are governed by Oklahoma’s Wrongful Death statute. It specifies how a claim is made, who can make a claim, who is entitled to recover damages, what damages are recoverable and how damages are distributed.
You should first note that not anyone can bring a wrongful death lawsuit. Only the deceased’s personal representative, the deceased’s widow or if neither exists, the next of kin can bring the lawsuit. The person bringing the wrongful death lawsuit brings it on behalf of the deceased. In other words, the lawsuit is brought claiming damages for all those entitled to damages under the wrongful death statute. For example, if the father dies, his personal representative (the administrator or executor of his estate) can bring the wrongful death lawsuit claiming damages for the deceased, the widow and his children. They cannot file separate lawsuits for their damages. It is one lawsuit for everyone’s damages.
The wrongful death lawsuit can only be brought for claims the deceased could have brought if he had survived. For example, if Johnny had a claim for injuries from a car crash but the car crash happened three years ago, then Johnny dies, no wrongful death lawsuit can be brought for the car crash because Johnny could not have brought the lawsuit (if he hadn’t died) because the statute of limitations (two years) had expired. On the other hand, if Johnny’s car crash happened only a year before his death that was caused by the car crash, his personal representative could bring a wrongful death lawsuit because Johnny could have brought it himself but for his death.
Oklahoma’s wrongful death statute specifies the damages that are recoverable. They are: medical and burial expenses, loss of consortium and the grief of the surviving spouse, the deceased’s mental pain and anguish, the pecuniary loss, the grief and loss of companionship of the children and parents of the deceased, and in some cases punitive damages.
The wrongful death statute also specifies how, and to whom, those damages are to be distributed. The wrongful death statute also has special provisions pertaining to the death of an “unborn person”, but that discussion is beyond the scope of this article.
As you can see, wrongful death cases are complicated. If you or a loved one has been killed by the wrongful act or omission (negligent or intentional act) of another, you should immediately consult with an Oklahoma wrongful death law firm such as the Scott Ray Law Firm. Call us at 580-248-5557. We are here to help.
