The loss of a loved one is one of life’s greatest sorrows. When someone you love dies due to the negligence of another party, the grief and anguish can feel overwhelming.
No amount of money can compensate for your loss. However, recovering monetary damages can help ease some of the burdens caused by your loved one’s untimely death.
To recover damages, you will need to prove that your loved one’s death was caused by another party’s negligence or wrongdoing. To succeed in your claim, you need to thoroughly understand and be able to demonstrate the necessary elements of your claim.
Wrongful death claims are often complex and emotionally exhausting. You need the assistance of an experienced Oklahoma City wrongful death attorney to protect your rights and help you secure the damages you are entitled to.
At Warhawk Legal, our Oklahoma City wrongful death lawyers have helped recover millions of dollars for our clients and we are committed to helping you secure maximum compensation for your loss.
Call (405) 397-1717 or complete the short form on our contact page and schedule a free consultation to discuss your Oklahoma City wrongful death claim.
What Is An Oklahoma City Wrongful Death Claim?
If a person in Oklahoma dies due to another party’s negligence or wrongdoing, their personal representative has the right to file a wrongful death claim for the benefit of the deceased person’s survivors.
Oklahoma Statute 12-1053(A) outlines the foundation of an Oklahoma City wrongful death claim, and states:
“When the death of one is caused by the wrongful act or omission of
another, the personal representative of the former may maintain an
action therefor against the latter, or his personal representative if
he is also deceased, if the former might have maintained an action,
had he lived, against the latter, or his representative, for an injury
for the same act or omission. The action must be commenced within two
(2) years.”
A wrongful death claim arises when the deceased person’s representative seeks damages caused by the wrongful death.
Proving Negligence in an Oklahoma City Wrongful Death Claim
Most wrongful death claims are based on the legal theory of negligence. Proving negligence requires that you establish four elements:
- Duty of Care. You must prove that the defendant owed your loved one a specific duty of care. For example, in a wrongful death claim based on a motor vehicle accident, proving duty is more straightforward because all motorists owe a duty of care to operate their vehicles safely to avoid causing harm to others.
- Breach of Duty. You must then prove that the defendant breached their duty of care by some action or inaction. In the motor vehicle accident example, you would need to prove that the driver failed to operate their vehicle in a reasonably safe manner. This might be shown by proving that the defendant ran a red light or was exceeding the speed limit at the time of the accident.
- Causation. The act of breaching the duty of care must be the cause of your loved one’s death. In the above example, you would need to establish that it was the defendant’s act of running a red light, or speeding, that caused the death.
- Damages. Finally, you must prove that the wrongful death caused losses or expenses. Damages may be economic such as funeral and burial costs, lost wages, and medical expenses. They may also include non-economic damages such as pain and suffering, emotional distress, and loss of companionship.
Proving these elements can be challenging. Insurance companies and defendants work hard to deny liability and may even attempt to shift blame to your loved one. At Warhawk Legal, our Oklahoma City injury attorneys have the experience, skills, and resources to prove your case and help you recover full compensation.
What is the Statute of Limitations in an Oklahoma City Wrongful Death Claim?
A statute of limitations is a law that establishes a deadline for filing a claim to recover damages in a wrongful death claim. If you miss your filing deadline, you will not be able to recover damages.
The Oklahoma statute of limitations for wrongful death claims is two years. You must file your claim within two years of your loved one’s death.
However, there are possible exceptions to the two-year filing deadline. You must promptly consult an experienced Oklahoma City wrongful death attorney to determine your filing deadline.
Schedule a Free Consultation With Warhawk Legal
If you have lost a loved one due to another party’s negligence or wrongdoing, you may be entitled to recover compensation for your damages.
The Oklahoma City wrongful death attorneys at Warhawk Legal can help protect your rights to secure maximum compensation. Schedule a free consultation by calling (405) 397-1717 or by completing the short form on our contact page.