Dealing with the death of a loved one is never easy. It is especially difficult when the death could have been avoided.
A wrongful death claim can be pursued when a loved one’s death arises from negligent medical care, a motor vehicle accident, or a slip and fall.
In contrast to a traditional personal injury claim, a wrongful death claim is brought by the personal representative of the deceased. A decedent’s personal representative may be someone designated in a will.
In cases where the decedent did not have a will, the court may designate a personal representative which may be a surviving spouse, an adult child or the decedent’s parents. The personal representative will be placed in charge of pursing the wrongful death claim and securing the damages that would have been available to the decedent had he lived and his family.
Under Oklahoma law, 12 OS §1053, wrongful death damages may include medical expenses, burial expenses, lost wages, mental pain or anguish, and compensation to a spouse, children, and parents for their grief and loss of the decedent. Oklahoma law does not recognize compensation for the grief and loss suffered by siblings.
Most wrongful death claims must be filed within two years from the date of the decedent’s death. If a lawsuit is not filed within the two-year time frame, recovery for the claim will be barred. There are limited circumstances recognized under Oklahoma in which the two-year time frame can be extended. Given the complex nature of wrongful death claims, working with an experienced lawyer is always recommended to carefully review and thoroughly prepare the best course of action.
While nothing will make up for the loss of a loved one, Graves McLain can help families bring justice to the forefront of their untimely tragedy.
Graves McLain is here to help your family navigate this difficult situation and ensure your family receives the maximum compensation for the loss of your loved one.
All wrongful death claims and personal injury cases are handled on a contingency basis. That means Graves McLain only gets paid when our client gets paid.
We front all costs associated with a difficult and time-consuming investigative process and strategic process. Despite our investment and time in a case, if we don’t recover there is no charge to our client.
Contact us today for a Free Case Evaluation at 918-359-6600, or request a Free Consultation online by filling out this form. An experienced attorney will review your case.
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