Oklahoma has wrongful death laws. The wrongful death lawyers at Toon Law Firm know how to determine what happened, why it happened, and what needs to be done.
The sudden and unexpected death of a family member is traumatic and can leave family members and friends with serious questions about what happened and what to do next. These questions may include:
- How did the death happen?
- Why did the death happen?
- Who is responsible?
- Was the death preventable?
- What are my legal options?
- How will the death impact me and my family?
When a person dies because of someone else’s actions or inactions, the personal representative, widow, or next of kin where there is no widow, can file a wrongful death lawsuit. In Oklahoma, a wrongful death claim is governed by Okla. Stat. tit. 12, § 1053.
Section 1053 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 or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission…”
The experienced wrongful death lawyers at Toon Law Firm can answer any questions you may have about who is responsible for your family member’s death, and what, if anything may be done.
To answer your questions, our experienced attorneys will:
- Immediately and diligently begin investigating the facts and circumstances surrounding your family member's death.
- Send out preservation letters to the responsible parties requesting they preserve all evidence and information that may be related to your family member's death.
- Attempt to identify whether any of the parties responsible have insurance, so that the appropriate insurance companies are properly notified about the loss.
- Put your mind at ease by handling the things that need to be done.
There are many facts under Oklahoma law that may give rise to a wrongful death claim or lawsuit. Some of them are:
In Oklahoma, the Personal Representative of the deceased person’s Estate can file a wrongful death lawsuit. However, there are instances where no estate for the deceased person has been opened. In those cases, a wrongful death lawsuit can be filed by the deceased person’s next of kin, which can include the surviving spouse, children, parents, or guardians. If a probate action is needed to pursue a wrongful death claim, the experienced attorneys at Toon Law Firm can take the necessary and appropriate steps to file a probate action and have a Personal Representative appointed so that a lawsuit can proceed.
Oklahoma’s wrongful death statute specifically sets forth the damages that may be recovered for wrongful death. These damages include:
- Medical and burial expenses
- Loss of consortium and grief of the surviving spouse
- Mental pain and anguish suffered by the person who died
- Monetary loss to the survivors
- Grief and loss of companionship to the children and parents of the person who died
In addition to these damages, many wrongful death cases involve reckless conduct on the part of those responsible for a loved one’s death. If a party has engaged in reckless conduct that resulted in your loved one’s death, you may be entitled to recover punitive damages. Punitive damages are those damages that will punish the responsible party and are designed to deter them from engaging in the reckless conduct in the future.
Contact the wrongful death lawyers at Toon Law Firm for a free consultation at 918.477.7884. The wrongful death attorneys at Toon Law Firm will immediately begin helping you find answers to your questions.
