Being faced with filing a wrongful death lawsuit is something no one ever expects to deal with. Dealing with the loss of a loved one is difficult in itself, but if this person lost their life in an accident of any kind that could have been prevented, a competent attorney can help you obtain compensation. Here at Atkins & Markoff, we understand the devastation that goes along with losing a loved one in a traumatic accident. We are committed to helping you seek justice and compensation for that unexpected loss. While no monetary amount will ever fill the gap of the person that you tragically lost, we will help you hold the person or persons for the accident responsible. Filing a wrongful death claim will allow you to seek retribution for your financial and emotional damages. Here are some facts and relevant information about filing a wrongful death claim.
Facts About Filing a Wrongful Death Claim In Oklahoma
Wrongful death lawsuits are filed when the negligent or wrongful conduct of a person results in the death of another person. Examples of wrongful deaths include those caused by drunk driving, a dangerous or defective product, the construction of an unsound structure, elder abuse, and medical misconduct. In the case of a wrongful death action or suit, the family members of the deceased bring the lawsuit for the wrongful actions. In many cases, it is the victim’s surviving spouse, children, or beneficiaries who are plaintiffs and entitled to compensation or monetary damages.
In the state of Oklahoma, you will be able to receive damages and compensation for an accident that resulted in the loss of a loved one if you file a wrongful death claim within two years of the accident. Wrongful death suits will allow you to seek damages for a wide range of things that are both tangible and intangible.
The family and loved ones of a victim of a wrongful death are entitled to receive financial support and monetary compensation for funeral expenses, out of pocket expenses, the house payment, car payment, and so forth. In most cases, the closest family member to the deceased is who files a wrongful death lawsuit. If the deceased person did not have a spouse or children, other next of kin are entitled to bring a wrongful death suit. This may include parents, siblings, nieces, and nephews. Additionally, the deceased’s estate itself can bring a wrongful death action if there is no next of kin.
Information on What Can Be Recovered In a Wrongful Death Claim
Oklahoma Statues 12-1053 states that there are a wide range of different “recoverable actions” that can be taken if you have lost a loved one in a tragic accident. The meaning behind this law is that there are a handful of different ways that family members and loved ones are able to seek compensation for financial damages from a wrongful death. Section B of the statute states that you will be able to recovery from a wrongful death in the following forms:
- Loss of companionship
- Loss of services
- Loss of future income
- Medical expenses
- Funeral costs
- Past lost wages
- Pain and suffering
- Physical disability
- Property damages
- Loss of benefits, such as insurance
- Loss of inheritance from an untimely death
- Punitive damages that are intended to punish wrongdoers
In the state of Oklahoma, there is no cap on the noneconomic or intangible damages that can be received by the person or persons filing the wrongful death lawsuit. Intangible and noneconomic damages include grief and the loss of consortium. It is important for you to speak to an attorney about your legal rights and what damages you can receive, as the tort reform legislation is constantly being amended.
Contact Atkins & Markoff Today
Here at Atkins & Markoff, our attorneys are friendly and compassionate and are in place to help ensure you understand your legal rights and options when it comes to filing a wrongful death suit. Because you only have two years to file a claim, it is important you take immediate action. We offer a free case evaluation and are committed to working with each and every client one-on-one to ensure no steps are missed. We understand how difficult it is to lose a loved one and will fight to ensure you obtain the maximum compensation that is owed to you after losing a loved one in a tragic accident.