Losing a loved one due to another party’s negligence or wrongdoing is devastating. If your loved one was injured and died due to another party’s fault, you may be entitled to seek compensation for your damages.
Although no amount of money can ever compensate for the loss of someone dear to you, recovering damages can help ease some of the financial burdens caused by your loved one’s death.
The compassionate Oklahoma City wrongful death attorneys at Warhawk Legal have a proven record of helping wrongful death clients secure maximum compensation for their damages. Call (405) 397-1717 or visit our contact page and schedule a free consultation.
Oklahoma’s Wrongful Death Law
As outlined in the Oklahoma Statutes §12-1053, when a person dies due to the wrongful act or omission of another, the personal representative of their estate may file a wrongful death action for the benefit of the deceased person’s survivors or estate.
The deceased’s last will may name the personal representative; if not, one can be appointed by the court. In most cases, the surviving spouse or next of kin will be designated as the personal representative.
Damages Recoverable in an Oklahoma Wrongful Death Case
In a successful wrongful death case, you can recover both economic and non-economic damages. Economic damages include:
- Lost wages and future earnings that would have benefited the decedent’s survivors.
- Final medical expenses.
- Expenses incurred by the decedent’s estate.
- Loss of inheritance.
- Funeral and burial expenses.
- Lost benefits, including retirement income and health insurance.
At Warhawk Legal, we help ensure that these damages are established and accurately calculated to help maximize your recovery.
Recoverable non-economic damages include:
- Emotional and mental distress of survivors.
- Pain and suffering of the decedent after the injury and before death.
- Loss of companionship.
- Loss of consortium by the surviving spouse.
- Loss of guidance and nurturing that the decedent would have provided.
Non-economic damages are subjective and can be challenging to prove. However, our experienced wrongful death lawyers skillfully present the impact of these damages on the decedent’s survivors to help secure maximum compensation.
Who Receives Compensation From a Wrongful Death Claim in Oklahoma?
Compensation received in a wrongful death action may be paid to the surviving spouse, children, parents, next of kin, or to their estate, as follows:
- Compensation for medical, funeral, and burial expenses will be paid to the person who paid them.
- Compensation for loss of consortium and grief is paid to the surviving spouse.
- Compensation for the decedent’s pain and suffering is paid to their spouse, children, or next of kin as determined by their will or Oklahoma law.
- Compensation for grief and loss of companionship may be paid to the decedent’s children or parents, as determined by a judge.
- If punitive damages are awarded, they are paid to the surviving spouse, children, or next of kin as deemed appropriate by a judge.
Statute of Limitations For Oklahoma Wrongful Death Actions
A statute of limitations is a law that establishes a time period for filing a claim to recover compensation in a personal injury claim. If you miss your deadline, you will not be able to recover compensation for your damages.
The statute of limitations for filing a wrongful death claim in Oklahoma is two years from the date of the decedent’s death. There are rare exceptions to this filing deadline, so you must promptly consult an experienced OKC injury attorney to ensure your claim is filed timely.
Contact an Oklahoma Wrongful Death Attorney Today
If you have lost a loved one due to the wrongdoing or negligence of someone else, we offer our sincerest condolences. While no amount of money can make things right, receiving compensation can help ease some of the financial worries caused by their death.
At Warhawk Legal, our compassionate wrongful death attorneys are here to help guide you through this challenging time and help you secure maximum compensation for your damages. Call (405) 397-1717 or complete the short form on our contact page to schedule a free consultation.