If you and your family are suffering from the loss of a loved one, you may be full of grief, heartbroken, and unsure of how to move forward. The emotional toll may even worse if your loved died due to another person’s negligence. An avoidable death not only emotionally impacts your life, and the things you depended on them for every day might now present a hardship. An Owasso wrongful death lawyer might be able to act as a guide in this time of uncertainty and inform you of any legal options that may be available to you.
If another person was responsible for your loved one’s death via a car, motorcycle, or slip and fall accident, you could have a viable wrongful death claim. A seasoned personal injury attorney could help by filing a lawsuit on your behalf to seek compensation for your loss. Money cannot bring your loved one back, but it may be helpful to hold the responsible party accountable for your bereaved family.
Oklahoma Statute Chapter 12 Section 1053 defines wrongful death as when another person’s wrongful act caused the loss of life. A wrongful can include negligent, reckless, or intentional acts.
Wrongful death lawsuits function as personal injury claims for a person that is no longer living. The damages, including medical bills and loss of support, are the same damages frequently recovered in personal injury cases. However, these cases also allow for the recovery of expenses related to a person’s final illness or injury including burial fees and funeral costs.
While any recovery from an Owasso wrongful death lawsuit would be awarded to the family of the deceased, the right to file a wrongful death suit in Owassa does not sit with all family members. Oklahoma law requires that a personal representative of the decedent’s estate file the lawsuit.
In many cases, the deceased’s final will or another testamentary document appoints a personal representative. Usually, the deceased’s spouse is nominated to serve in this role. However, if a will does not designate a representative or the nominated person is unable or unwilling to serve, the court must appoint someone else. While the appointees are frequently family members, it is not a requirement. Once the personal representative is in place, they could file a lawsuit with the help of a negligent death attorney.
After the unnecessary death of a family member, a legal claim is not generally a concern for surviving relatives. However, Oklahoma law places a deadline on the ability to file suit. This deadline is provided by the statute of limitations which allows the court to dismiss a case permanently if it is not filed in time.
There are different statutes of limitations for each type of personal injury lawsuit. For wrongful death cases in Oklahoma, the statute of limitations is two years from the date of death.
All wrongful death cases are difficult to emotionally handle and may be challenging. When you put your trust in an experienced legal counsel to file your claim, you could focus on healing from your loss. To discuss your options for filing suit, contact an Owasso wrongful death lawyer today.