Understanding Wrongful Death Lawsuits In Oklahoma

What Is Wrongful Death?

Any situation in which a person dies or is killed due to the intentional, reckless or negligent misconduct of another constitutes wrongful death. There are many different instances, but some examples include death:

  • Resulting from an auto accident, train collision or plane crash
  • Due to dangerous or defective equipment
  • Due to negligent actions by a physician or surgeon
  • Due to exposure to hazardous substances
  • Due to criminal behavior
  • Due to a failure to supervise an activity

Who Can File A Wrongful Death Lawsuit?

Certain individuals are authorized to file a wrongful death lawsuit to recoup damages as a result of the loss of life of their loved one. They include the decedent's:

  • Immediate family members, such as spouses, children, adopted children and parents of unmarried children
  • Distant family members, such as brothers, sisters or grandparents
  • Financial dependants, such as those who were financially dependent
  • Parents of a deceased fetus, such as those who suffered financial and emotional loss as a result of the death of their fetus

What Types Of Compensation Can Be Recovered?

The types of recoverable damages will always depend on the individual circumstances. Qualified individuals can usually recover:

  • Pecuniary Losses: These are classified as economic damages and include medical bills, funeral expenses and loss of financial support by the decedent. The ultimate pecuniary damage award will always be based on the decedent's age, health, life expectancy and future earning capacity, among other factors.
  • Survival Damages: These types of damages are awarded for the pain and suffering the decedent endured prior to death. The amount will depend on several factors, such as the severity and duration of the pain the decedent suffered prior to death, the decedent's apprehension of impending death and degree of consciousness.
  • Punitive Damages: These types of damages are awarded in certain circumstances. Typically, if maliciousness was involved, punitive damages will be allowed as a way to punish the wrongdoer and deter future behavior.

Help Filing A Wrongful Death Claim

If someone you love has died due to the negligence or misconduct of another individual, company or entity, we invite you to contact our lawyers at Stinnett Law today.

Don't Delay. Call 918-347-5041.

It's understandable that people are in such a state of grief and loss after the death of a loved one that some things get missed.

But, as with most legal matters, there is a small window of time to file a wrongful death lawsuit. A failure to file a claim within the allotted time under the law will bar you and your family from recovery. Don't delay. Reach out to us now.