Losing someone you love because of another person’s negligence is one of life’s most difficult experiences. While no lawsuit can undo that loss, Oklahoma law allows certain surviving family members to seek compensation and hold the responsible party accountable. 

Understanding what must be proven in a wrongful death case can help your family protect its rights during an already overwhelming time. After the preventable loss of a loved one in Oklahoma City or Tulsa, the wrongful death attorneys at Parrish DeVaughn Injury Lawyers can guide you through every stage of the legal process.

What Is a Wrongful Death Claim in Oklahoma?

Under 12 O.S. § 1053, a wrongful death claim allows a personal representative to seek compensation when someone’s death is caused by another party’s negligent, reckless, or wrongful conduct. 

The claim is brought on behalf of eligible surviving family members when the deceased could have pursued a personal injury lawsuit had they survived. 

A wrongful death lawsuit is a civil claim, not a criminal case. This means your family may still pursue compensation even if:

• Criminal charges are never filed.
• The defendant is acquitted in criminal court.
• The conduct does not result in criminal prosecution.

Because civil cases require a lower burden of proof than criminal cases, families may recover compensation even when no criminal conviction exists.

What Must Be Proven in an Oklahoma Wrongful Death Case?

To recover compensation, the personal representative must establish four essential legal elements. Although these elements may sound straightforward, insurance companies often dispute whether the defendant was negligent, whether that negligence caused the death, or the value of the family’s losses. 

Duty of Care

First, you must show the defendant owed your loved one a legal duty of care.

These parties are legally obligated to adhere to certain standards:

• Drivers must operate their vehicles safely.
• Property owners must maintain reasonably safe premises.
• Doctors must provide treatment that meets the accepted standard of care.
• Employers must provide reasonably safe working conditions.

The specific duty of any party depends on the facts of the case, including how the fatal accident occurred.

Breach of Duty

Next, you must prove the defendant failed to meet that duty through negligent or wrongful conduct.

Examples of failing to live up to their required standard of care include:

• Distracted or impaired driving
• Speeding or reckless driving
• Dangerous property conditions
• Medical errors
• Unsafe workplace practices

Simply showing that an accident happened is not enough. The evidence must demonstrate that the defendant acted carelessly or failed to exercise reasonable care.

Causation

You must also prove the defendant’s negligence caused your loved one’s death.

Sometimes causation is clear, as in a fatal motor vehicle collision. In more complex cases involving medical malpractice, defective products, or multiple contributing factors, proving causation often requires detailed investigation and expert testimony.

Establishing this connection is one of the most important parts of a wrongful death claim.

Damages

Finally, surviving family members must show they suffered legally recoverable losses because of the death. These losses may be financial, emotional, or both and form the basis of the compensation sought in the lawsuit.

Every wrongful death case is different, and the evidence needed to prove negligence depends on how the death occurred. 

What Evidence Can Strengthen a Wrongful Death Claim?

Strong evidence is critical to proving every element of a wrongful death case. Some evidence demonstrates how the fatal incident occurred and who was responsible, while other records help prove the financial and emotional losses suffered by surviving family members. 

Important evidence can disappear over time, making early investigation valuable. 

Evidence needed to support a claim can include:

• Police and accident reports documenting the incident
• Medical records connecting the injuries to the death
• Autopsy or medical examiner findings
• Witness statements describing what occurred
• Photographs and video footage from the accident scene
• Surveillance camera recordings
• Cell phone or electronic data when applicable
• Employment and financial records documenting lost income and benefits
• Expert testimony from accident reconstruction specialists, physicians, engineers, economists, or other professionals 

Your attorney may also send preservation letters to prevent important evidence from being destroyed before litigation begins.

What Compensation Is Available?

The purpose of a wrongful death lawsuit is not only to establish liability but also to compensate surviving family members for the financial and personal losses caused by the death. 

Oklahoma law allows surviving family members to pursue several categories of damages, depending on the specific circumstances of each case.

The statute assigns some damages to specific family members, and a judge divides the rest according to each person’s loss. Presenting the full extent of your family’s financial and emotional losses is an important part of seeking fair compensation.

How Long Do You Have to File?

In most cases, the personal representative must file the claim within two years of the date of death. Missing this deadline can permanently bar your family’s right to recover compensation.

If your wrongful death claim involves a state agency or other government entity, different deadlines may apply. Under the Oklahoma Governmental Tort Claims Act, the personal representative must present notice of the claim within one year after the death, before filing suit. Because these claims involve strict notice requirements and procedural rules, speaking with an attorney as soon as possible can vastly improve your chances of success. 

Acting promptly also allows your attorney to preserve evidence, interview witnesses while memories are fresh, and begin building a strong case before critical information is lost.

Let an Oklahoma Wrongful Death Attorney Help Protect Your Family.

Proving a wrongful death claim often requires a thorough investigation, expert analysis, and a detailed understanding of Oklahoma law. During such a difficult time, your family should not have to manage the legal process alone.

The Oklahoma wrongful death attorneys at Parrish DeVaughn Injury Lawyers help families in Oklahoma City and Tulsa investigate what happened, gather the evidence needed to establish negligence, and pursue the full compensation they may be entitled to recover. Throughout the process, we provide compassionate guidance while protecting your family’s rights.

Contact us today for a free, confidential case review and get the legal guidance you need to move forward.

The death of a loved one is an extremely difficult experience for surviving family members, especially when that person’s death could have been prevented. In the aftermath of a preventable death, especially one that was caused by someone else’s negligence, families often face both emotional devastation and financial hardship.

It’s common for grieving families to pursue compensation after a fatal accident through wrongful death lawsuits, but they also may wonder about the timing of these lawsuits. How soon after their loved ones’ deaths should they start the process? And what’s the maximum amount of time they can wait before beginning?

What Is Wrongful Death?

Before diving into timelines, it’s important to understand what constitutes a wrongful death. In Oklahoma, a wrongful death occurs when a person dies due to the negligence, recklessness, or intentional act of another.

This can include medical malpractice, car accidents, workplace incidents, and more. The lawsuit aims to provide financial compensation for the survivors for their losses, including funeral expenses, loss of household income, and emotional distress.

You Can Take Legal Action Immediately

In Oklahoma, you can immediately take legal action for a wrongful death lawsuit after the death of a loved one. There is no mandatory waiting period before you can initiate a lawsuit.

 In fact, in accidents that aren’t immediately fatal, it’s common for some families to meet with attorneys and begin the preliminary process before their loved ones have passed away if their prognosis is poor and they are likely to die from their negligence-related injuries or illnesses. Even if you don’t begin the process early, you can still begin at any point after your loved one’s death—but you must do so within a certain timeline.

You Must File Before the Statute of Limitations Expires

While there is no time limit on grief, the statute of limitations in Oklahoma for filing a wrongful death lawsuit is generally two years from the date of the deceased’s death. This legal timeframe is crucial; missing it can bar you from ever bringing a lawsuit to court.

However, the exact timing can vary depending on specific circumstances surrounding the manner of death—for example, in certain types of medical malpractice—so it’s important to contact an experienced Oklahoma City wrongful death lawyer as soon as possible. A lawyer can tell you exactly how much time you have to file a lawsuit against the negligent party before you lose the right forever.

Why It’s Important to File a Wrongful Death Lawsuit Right Away

While two years to file a wrongful death claim might seem like you have a long time, especially if you want to take the time to properly grieve before getting involved in a likely-to-be-stressful legal case, starting the legal process early has significant advantages to keep in mind:

• Preserving Crucial Evidence: Evidence can deteriorate or disappear over time. Acting swiftly ensures that crucial evidence is preserved and collected, which can be vital for building a strong case.
• Gaining Accurate Witness Testimonies: Witness memories fade as time passes. Gathering testimonies soon after the incident can provide more accurate and compelling accounts to support your case.
• Getting Compensation Sooner: The financial impact of losing a loved one can be immediate and overwhelming. A timely lawsuit can expedite the process of securing compensation to help with expenses and lost income.
• Receiving Emotional Closure: While no amount of money can replace a loved one, achieving justice can provide a sense of closure and peace for grieving families, allowing them to move through the healing process more easily.
• Avoiding the Deadline: Two years can pass more quickly than you think, especially when you’re grieving and dealing with the loss of your loved one. By contacting a lawyer right away, you can get peace of mind knowing you won’t miss the deadline.

The important thing to remember is that hiring a lawyer can leave you the space you need to grieve while also protecting your rights. Your lawyer will take on the process of gathering evidence and completing the necessary paperwork so you and your family don’t have to.

Who Can File a Wrongful Death Lawsuit in Oklahoma?

Not just anyone can file a wrongful death lawsuit, even when they are related to the person who died. In Oklahoma, a wrongful death lawsuit can only be filed by the personal representative of the deceased’s estate. This person, sometimes referred to as the executor or administrator, may be named in the deceased’s will or appointed by the court if there is no will.

The personal representative acts on behalf of the estate and the beneficiaries, which can include the deceased’s immediate family members such as spouses, children, parents, and, in some cases, other dependents who were financially reliant on the deceased. The compensation recovered from a wrongful death lawsuit is distributed to the beneficiaries of the deceased’s estate.

This typically includes:

• The surviving spouse
• Children, including adopted children and stepchildren
• Parents, if there are no surviving spouse or children
• Siblings, if there are no surviving spouse, children, or parents

Our Oklahoma City Wrongful Death Lawyers Are Ready to Help

Wrongful death claims are often difficult for families to start, but they play an important role in the financial and emotional recovery process when someone has died due to others’ negligence. At Parrish DeVaughn Injury Lawyers, we understand the sensitive nature of these claims, and we work hard to ensure our clients feel understood, heard, and taken care of throughout the process.

If you lost a loved one due to another person’s or party’s carelessness, we’re here to represent you. Our Oklahoma City wrongful death attorneys can begin building your claim immediately to help you get the compensation and closure you need as soon as possible. Contact us today for a free consultation.

When people file wrongful death lawsuits after the loss of loved ones, they can get compensation for many types of damages, including medical expenses, burial costs, lost wages, loss of companionship, and more.

Most of the damages that surviving family members receive in wrongful death lawsuits are designed to compensate them for their losses after their loved ones’ deaths.

However, there’s one type of damage that family members can receive that’s specifically to compensate them for what their loved ones went through before they died: pain and suffering damages.

Here’s how pain and suffering damages are determined in wrongful death cases.

First, the Pain and Suffering the Deceased Experienced Are Determined

People who die as a result of others’ negligence may continue to live for long periods of time after becoming injured or developing fatal illnesses before eventually succumbing. During that time, they may experience severe pain and suffering that can dramatically impact their lives.

In order for their loved ones to receive pain and suffering damages, it must first be determined exactly what types of pain and suffering they experienced before they died.

Some of the types of pain and suffering that people who were harmed by others’ negligence may experience before they pass away include:

• Physical and emotional pain
• Depression and anxiety
• Post-traumatic stress disorder
• Disability
• Disfigurement
• Impaired cognition
• Inability to enjoy hobbies or relationships with friends and family
• And more

Determining exactly what your loved one experienced before they passed away may require using their own words, their medical records, and expert testimony from doctors and other healthcare professionals who handle the types of injuries or illnesses your loved one suffered.

At Parrish DeVaughn Injury Lawyers, we work hard to collect all evidence to paint a clear picture of exactly what your loved one went through before they died.

Next, the Pain and Suffering Damages Are Calculated

Unlike damages for things like medical bills and lost wages, determining how much money wrongful death victims’ families deserve for their pain and suffering isn’t easily calculated.

Instead of tallying up an exact figure, pain and suffering damages in wrongful death claims are often calculated by using one of two methods.

The Multiplier Method

This method involves multiplying the victim’s economic damages (which can include medical bills, lost wages, and property damage) by a number between 1.5 and 5 to determine how much money their family is owed. The higher the number, the more pain and suffering the victim is likely to have experienced before they died. For example, the families of victims who suffered catastrophic injuries such as amputation or paralysis before death may be awarded pain and suffering damages based on a multiplier of 4 or 5.

The Per Diem Method

This method involves establishing a per diem (or per day) monetary award for the pain and suffering the victim experienced before they died and then multiplying it by the number of days the victim lived after their accident or injury.

Insurance Companies Are Reluctant to Pay Fair Pain and Suffering Damages

Insurers are always looking for ways to reduce or deny settlements, and damages for pain and suffering in wrongful death claims are no exception.

When victims’ families and their lawyers push for the multiplier method for obtaining compensation, insurance companies often argue for the lowest possible multiplier for calculating damages. And when the per diem method is chosen, they argue for the lowest per diem rate.

Although the multiplier method is more commonly used when calculating pain and suffering, both methods require experienced and aggressive legal representation to maximize the chances of getting full and fair compensation.

Our Oklahoma Wrongful Death Lawyers Want to Help You Get Maximum Compensation for Your Loss

Losing a loved one is one of the most difficult experiences in life. It can be even worse when their death was preventable and their injuries or illness caused them to experience significant pain and suffering before they passed away.

At Parrish DeVaughn Injury Lawyers, we believe the family members of wrongful death victims deserve full compensation for what they’ve experienced during and after the loss of their loved ones—including pain and suffering on their loved ones’ behalf.

Contact our Oklahoma wrongful death attorneys anytime for a free case review. You need an experienced and aggressive law firm during this difficult time of your life, and we aren’t afraid to push insurance companies to do the right thing when grieving families need and deserve compensation.

If you recently lost a loved one because of someone else’s negligence, filing a wrongful death claim can help you get compensation for their outstanding medical bills, the loss of their contribution to household income, loss of companionship, guidance, and consortium, and your and your family’s emotional pain and suffering.

Filing a wrongful death claim can seem like an intimidating process, especially when you’re still grieving your loved one’s loss. However, the process is easier than you think, especially if you have an experienced law firm on your side.

If you’re thinking about filing a wrongful death claim, here’s what you need to do.

Ensure You’re Eligible to File the Claim

Not just anyone can file a wrongful death claim after the loss of a loved one, even if the deceased was a close family member. In Oklahoma, wrongful death claims can only be filed by the appointed personal representative of the deceased individual’s estate.

This person is usually, but not always, named in a will if the deceased created one before they died. If they didn’t create a will, or if they didn’t name a personal representative in their will before they died, the court will appoint a personal representative to manage their estate. This person is often the deceased’s spouse or child. Close relatives can also ask to be appointed as personal representatives.

File the Wrongful Death Claim Within 2 Years of Your Loved One’s Passing

It’s important to file the claim as soon as possible after your loved one’s death. In Oklahoma, all wrongful death claims must be filed within two years of the date the death occurred.

However, you shouldn’t wait to file until the deadline is even remotely close to due. Instead, you should file as soon as possible. Filing right away means you won’t have to wait as long to get the benefits you and your other family members need, and the evidence you need for your claim will be easier to compile. It also means you won’t risk having the statute of limitations expire.

Call an Ohio Wrongful Death Lawyer

Wrongful death claims are legally complex, and they shouldn’t be filed without the help of a lawyer. Hiring a lawyer accomplishes a few very important things after your loved one’s death.

First, having a lawyer on your side allows you to focus on grieving, honoring your loved one’s memory, and moving forward with your life. Instead of being bogged down by paperwork and other requirements of your wrongful death claim, you can spend time recovering from your loss with your family and friends.

Second, a lawyer can handle all of the evidence-gathering on your behalf. Wrongful death claims require significant amounts of evidence to succeed, and that evidence often comes in the form of medical records, accident reports, video footage, and more. Finding, analyzing, and presenting this evidence to support a wrongful death claim requires years of legal experience and knowledge.

Follow Your Lawyer’s Instructions and Advice

When your wrongful death claim begins, your lawyer will handle virtually all of the work on your behalf. However, they will have advice for you on what to do over the coming weeks and months as they work to either settle the wrongful death claim or sue the at-fault party.

Some advice you may receive includes:

• Don’t talk about the wrongful death claim with people outside your family or legal counsel. You should especially avoid talking about the claim on social media.
  
• Direct all communication from the at-fault party or insurance company to your lawyer. It’s common for at-fault parties and insurance adjusters to contact claimants in the hopes of getting incriminating statements that they can use to avoid paying settlements.
  
• Never accept a settlement offer without talking to your lawyer first. This is another common tactic used by insurers to avoid paying surviving family members the money they deserve after their loved ones’ deaths.

Going to Trial is Unlikely, But Sometimes Necessary to Get Full Compensation

Wrongful death claims are similar to other types of personal injury claims in that they rarely need to go to trial. And even when they do proceed to trial, they often settle before a jury delivers a verdict.

The odds are overwhelmingly high that your case will resolve without ending up in court, but if it doesn’t, you don’t have anything to worry about. Your attorney will advise you on when and where you might need to make a statement and if you’ll need to appear in the courtroom.

Our Oklahoma Wrongful Death Lawyers Are Ready to Help

At Parrish DeVaughn Injury Lawyers, we know how devastating the loss of a loved one is for entire families. The grief can be overwhelming, but if your loved one’s death was caused by someone else’s negligence, you deserve compensation for your losses.

As Oklahoma wrongful death lawyers, it’s our goal to help people like you and your family get that compensation while remaining sensitive to your needs during this difficult time. Contact us today for a free case review. There are no upfront fees, and you owe us nothing unless we get compensation for you.

Losing a loved one is one of the most difficult and painful experiences anyone can endure. And when a loved one’s death was due to the negligence of another person or party, it feels even more traumatic for surviving family members.

At Parrish DeVaughn Injury Lawyers, we know the challenges that grieving families face after the loss of a loved one. In addition to lost companionship, support, and love, they also face uncertain futures due to lost income.

Families who file wrongful death lawsuits after a negligence-related death can recover compensation for their losses. However, these claims are often complicated, and they can benefit from the assistance of experienced and dedicated legal teams.

Knowledge of the Law is Key When Filing a Wrongful Death Lawsuit

There are many types of accidents and scenarios that can lead to wrongful deaths, including medical malpractice events, motor vehicle crashes, workplace injuries, and defective products and medications. But losing a loved one due to another person’s or party’s mistake isn’t always enough for a wrongful death lawsuit to be valid.

Oklahoma’s statutes define wrongful deaths as situations “when the death of one is caused by the wrongful act of another.” This means that the deceased was harmed due to another party’s intentional, reckless, or negligent conduct.

While it’s easy to claim that someone else’s behaviors led to the death of another, proving that fact is another matter entirely. As such, wrongful death lawsuits are best left up to legal teams who know state and understand how insurance companies try to avoid paying full settlements to victims’ families.

Our Oklahoma Wrongful Death Lawyers Are Waiting for Your Call

Your family deserves compensation after the death of your loved one. With offices in Oklahoma City, Edmond, and Tulsa, our legal team is here to help you through this difficult time and to maximize your chances of getting the money you deserve. Call us at (405) 999-9000 today for a free consultation.

If one of your loved ones has died because of the negligent actions of another person, you may want to consider filing a wrongful death lawsuit. However, before you can begin building your case, you must be sure that you’re eligible to file a wrongful death claim.

Every state, including Oklahoma, has very specific rules related to wrongful death lawsuits, meaning you will need to learn more about these rules before filing your lawsuit. Learn how Oklahoma determines who can file a wrongful death lawsuit and discover the benefits of hiring a personal injury attorney for help.

Oklahoma Rules for Wrongful Death

In the Oklahoma Statutes Chapter 12, Section 1053, wrongful death is a defined as a death that has been caused by “the wrongful act of another.”

A wrongful act that results in another person’s death can be conduct that is intentional, neglectful, or reckless. You can file a wrongful death claim in Oklahoma if the deceased person would have been able to file a personal injury lawsuit if they had lived. This means that wrongful death cases are a type of personal injury suit where the family of the victim is filing a claim.

Personal Representatives and Wrongful Death

Personal representatives of the deceased are eligible to file a wrongful death lawsuit in Oklahoma.

In most cases, the personal representative will be the person that is named in the deceased person’s estate plan. This means that the personal representative can be the surviving spouse, children, siblings, or parents of the person who was killed. Courts will usually recognize the personal representative named in the state plan as the person eligible to file a wrongful death lawsuit.

If the departed did not name a personal representative, one may be appointed by the court. If you’re having trouble deciding who can file a wrongful death lawsuit, it’s best to seek advice from a qualified attorney.

Available Wrongful Death Damages in Oklahoma

Wrongful death lawsuits are civil cases, meaning the damages you may receive will be monetary.

There are two categories of damages available in Oklahoma wrongful death cases. First, you can be awarded damages for the pain and suffering endured by your loved one leading to their death. Second, damages may be awarded for benefits and lost wages that your loved one would have been able to earn had they not been killed.

Punitive damages are also available in Oklahoma. Instead of compensating surviving family members for their loss, punitive damages are meant to punish the guilty party.

To pursue damages for the loss of your loved one, you must file your case within two years of your loved one’s death, which is the statute of limitations in Oklahoma.

File Your Case

If you have any questions about who can file a wrongful death lawsuit in Oklahoma, you can get answers by meeting with the attorneys at the Parrish DeVaughn Injury Lawyers.

We have offices in Tulsa, Edmond, and Oklahoma City, and our team would be glad to discuss your options for filing a wrongful death lawsuit on behalf of your departed loved one. Request a consultation with the Parrish DeVaughn Injury Lawyers today to get started.

A wrongful death suit is filed when someone dies due to the negligence of another person or party, and their immediate relatives — parents, children or spouse — seek to claim damages for their death. These cases can be difficult, especially when you’re taking on a major corporation, like a pharmaceutical company.

Millions of Americans get prescriptions filled every single day, and thanks to a 2011 Supreme Court ruling, it can be difficult to file a lawsuit in many cases. Learn about filing a lawsuit against a pharmaceutical company, when and why it gets complicated, and how a wrongful death attorney can be your best bet.

Pharmaceutical Product Liability Claims

A wrongful death suit against a pharmaceutical company falls under product liability. This sort of case holds that someone has been harmed by a dangerous or defective product. This includes food products and prescription medications.

Under strict product liability laws, manufacturers are responsible for any defects that cause injuries, regardless of negligence. This is partly why prescription drugs have a laundry list of potential side effects.

Because of these long warning labels, however, it’s important to have a solid additional liability theory in place to pursue a lawsuit. This could be anything from a side effect wasn’t in the warnings, that the drug was advertised for use contrary to its label, or that there weren’t clear warnings.

The Generic Drug Loophole

The process gets more complicated when one considers generic drugs. The 2011 Pliva v. Mensing decision by the U.S. Supreme Court relieved generic drug manufacturers of this responsibility for injury. This has a lot to do with state regulations being stricter than FDA regulations, but federal law trumping state law.

Pursuing Your Case

Just because this decision was handed down, however, that doesn’t mean you don’t have a case. If you lose a loved one because of a defective drug, you should absolutely look into pursuing a wrongful death suit. You may be eligible to collect funeral expenses, medical expenses up to the time of their death that were related to the drug’s effects, lost wages, lost comfort, and other damages.

In addition, even if the drug in question was generic, there is a new case pending before the courts that may revise certain elements of that decision which can re-open the potential for compensation. Waiting for this decision could cause the statute of limitations for your case to run out, though, so it may be better to file sooner, which can preserve your right to continue to pursue the case when the decision comes down.

Calling a Wrongful Death Attorney

The complexities of a pharmaceutical product liability case, combined with the requirements of a wrongful death case, can make it difficult to know what to do. This is why you should call on the services of a qualified, experienced and knowledgeable wrongful death attorney.

An attorney can advise you the right steps to take to preserve your ability to pursue damages, even if current laws make it tricky. Parrish DeVaughn is experienced at handling all manner of product liability and injury cases and we can help you. Give us a call for help today.

There’s only one thing that hurts more than losing a family member, and that’s when you lose a family member through the actions or negligence of another person. These wrongful death situations are devastating all around, and you may be eligible for compensation from the responsible parties.

It’s important to understand how these cases work, however, so you can ensure that you get the damages to which you’re entitled. Learn about a wrongful death claim, what it is, who can file for one and how an Oklahoma wrongful death attorney can be your greatest ally.

What is a Wrongful Death Claim?

A wrongful death claim is a lawsuit in which the surviving loved ones of a decedent, or someone who has died through the wrongful acts or negligence of another person, sue for monetary damages. These claims have nothing to do with any criminal charges filed; they are a separate kind of lawsuit called a “civil suit.” They are concerned with the financial security of those left behind.

Damage Recovery

There are a number of types of damage that can be recovered from a wrongful death claim. It starts with funeral expenses, which can be expensive unto themselves. In addition, loved ones left behind may be eligible to recover:

•         Lost wages of the deceased
•         Lost future earnings potential
•         Lost benefits the deceased currently has or may have earned
•         Pain and suffering during the time leading up to death as well as from grief
•         Medical bills and expenses during this time
•         Loss of relationships and companionship
•         Punitive damages in some cases where the events or actions leading to the death were excessive and severe

Who Can File a Suit?

In the past, there was no such thing as a wrongful death suit. Now, courts recognize the damage that can reverberate through a family from the death of a loved one, and the need for compensation as a result. There are limits to those who can file. The close friend of a deceased, for example, generally cannot file, unless they have been appointed a designated personal representative of the deceased.

A personal representative is, simply put, a stand-in for the decedent and their estate. Usually, this is a spouse, parent, child, sibling or another close relative, but the estate plan can name any individual to serve in this role. If there is no named representative, the courts will appoint one, usually a family member.  

Oklahoma City Wrongful Death Attorney

Wrongful death claims can be very difficult to pursue and win. Approaching such a case requires someone in your corner with the knowledge, experience, and training to handle the tricky laws and statutes involved. It also means proving things that are very subjective, such as the value of your pain and suffering.

Your best bet if you lose a loved one due to the negligence or deliberate acts of another, is to hire the services of a qualified Oklahoma wrongful death attorney. If you find yourself in this situation, help is only a phone call away. Get in touch with Parrish DeVaughn for a no-obligation case evaluation today.

As with most laws, the rules for lawful death suits vary from state to state. Depending on where you live, you may have to follow a specific set of guidelines to be eligible to file a lawsuit on behalf of your departed loved one. In Oklahoma, the rules for wrongful death suits are very specific but uncomplicated once they are explained. Understanding these rules will make sure you can get the justice that your loved one deserved and that you receive the type of compensation that may help you move on. Keep reading to find out more about wrongful death lawsuits in Oklahoma and learn why you should hire a wrongful death lawyer to help with the process.

Who Can File a Wrongful Death Suit?

Unlike other states, wrongful death lawsuits are handled by a personal representative of the deceased. This is someone specified by the deceased before their death who is authorized to handle the affairs of the departed, including filing wrongful death suits. Typically, the personal representative is the widow or widower of the deceased. However, other loved ones, such as parents or adult children, can also be designated as personal representatives. Should the deceased have not named a personal representative before their passing, it is possible that the court will bestow someone with that title before the wrongful death case can proceed.

Learn About the Damages Available in Wrongful Death Cases

Wrongful death cases in Oklahoma are tried with the deceased specifically in mind, meaning the case views the death in terms of how the departed would have been affected, had they survived their injuries. This thought process includes the types of damages available. The first type of damages consider the effect suffered by the departed from the time of their injury until their death. Additionally, the court may consider the lost wages the departed may have suffered had they lived. The other type of damages for wrongful death suits in Oklahoma involve the family left behind. These damages take into account the economic and emotional impact experienced by the people the loved one left behind.

Be Cautious of the Restrictions for Oklahoma Wrongful Death Cases

Because wrongful death lawsuits are considered to be personal injury cases, they often have a distinct time frame for filing that is usually much shorter than a criminal case. Most commonly, the filing window for your loved one’s personal death suit is two years from the time of their death. After this point, you will not be able to file and will miss out on the compensation you could have possibly received. If your loved one’s death is also being criminally investigated, this may affect the filing window, but you should consult a wrongful death lawyer to be sure.

Hire a Wrongful Death Lawyer to Fight for Your Loved One’s Memory

If your loved one has been killed due to the negligence of another, it’s likely that you’re not quite sure where to turn. You know that you and your departed loved one deserve justice but you don’t know where to get it. Although it will by no means lessen your pain, filing a wrongful death suit is one of the best ways to make sure someone is held responsible in some way for your loved one’s death. In Oklahoma, your best resource for a wrongful death lawyer who will handle your loved one’s case with the respect it deserves is the Parrish DeVaughn Law Firm. The Parrish DeVaughn legal team will expertly handle your wrongful death suit and fight for your just settlement. Contact us today so we can start working on your case.

Wrongful death cases in Oklahoma allow surviving family members to obtain repayment for costs of a death that resulted from someone else’s negligent actions or intentional behavior. Such a case can be filed by a spouse, children or a representative member of the deceased’s estate. In instances where there is no surviving spouse or children, siblings or parents may be able to file a wrongful death suit.

Grieving family members may want to know exactly what sort of compensation they can get for their loss. This concept is known as “damages” in legal terms. To learn more about these different types of damages available in a wrongful death case and how they are calculated, read on.

Damages and Expenses Encountered Directly by the Deceased or Their Family

Oklahoma law regarding wrongful death outlines several types of damages available to particular survivors of the deceased. Among them are listed “medical and burial expenses.”

What this provision means is that any expenses directly related to the injury or incident are recoverable by the survivors. As an example, an employee being forced to use a work delivery vehicle that the employer knew had a faulty brake system could be critically injured in an accident. The cost of medical evacuation, emergency surgery, life support, medication and other medical expenses could be considered damages. Funeral and burial expenses after the victim’s death are considered damages as well.

To put this type of damages into more concrete terms: any expenses between the time of the injury and the victim’s eventual death can potentially be lumped in this category. So, if a victim contracted mesothelioma and spent significant sums receiving breathing treatments, surgery, cancer treatments and other procedures, the survivors could potentially recover the entire loss from the time of the victim’s exposure to their eventual tragic death.

Financial Loss to Survivors

Another type of damages provided for by Oklahoma wrongful death statutes is direct financial loss to survivors. If survivors can determine the exact monetary contribution the deceased provided and multiply it by the number of remaining years the contribution would have been likely to continue, they can pursue damages for the entire financial loss.

As an example, a deceased wife who had earned $65,000 a year and contributed $58,000 of that every year to the household and who was assumed to have been working for at least 22 more years would equate to 22 times $58,000, which equals $1,276,000 in damages.

The same formula can potentially apply to smaller contributions for other family members. So, if the same mother paid a $65 monthly water bill for her parents, then 65 times 12 months times 22 years equals $17,160.

Emotional Suffering and Loss of Consortium

“Loss of consortium” is a legal term meaning that the survivors lost out on the emotional companionship the deceased provided them. Combined with emotional suffering, the court will attempt to quantify in monetary terms exactly how much grief the surviving family has experienced and contribute this sum to the potential damages.

Punitive Damages

In instances where the defendant was found to have committed acts of a severely malicious, dangerous or negligent manner, the court may decide to add on extra damages as a means to discourage other individuals of engaging in the same behavior. For instance, in the above example of a delivery driver being forced to use a vehicle with faulty brakes, the court may wish to discourage other employers from failing in their duties to provide safe equipment to employees by adding on punitive damages.

Pursuing a Wrongful Death Case in Oklahoma

If you are a family member or estate representative of someone who has passed and you feel that their death may have been caused by inappropriate behaviors, you can pursue the damages outlined above to receive compensation for your loss. Money cannot make up for the absence of a loved one, but no one should have to suffer financially as a result of the improper actions of another.

Call Parrish Devaughn or use our contact form to start filing your Oklahoma wrongful death case today. Time is limited, so call now!