Wrongful Death
The loss of a loved one due to the fault or negligence of another brings many unfortunate consequences on the survivors. Losing a child or parent as a result of someone else's carelessness is devastating. And while it is true that you cannot put a price on the life of a loved one, in some circumstances it is appropriate for the wife, husband, parents or children to seek damages for the wrongful death of a loved one.
Oklahoma has what is called a "Wrongful Death Statute", a specific law that allows family members to recover certain damages against those responsible for the death of another. The law provides that when the death of one is caused by the wrongful or negligent act of another, the surviving family members may file a lawsuit to recover certain damages. The statute specifies what damages may be recovered and they are funeral and burial expenses; expenses of last illness; grief and loss of companionship of the surviving husband/wife; grief and loss of companionship of the parents and children, and what the law refers to as "pecuniary loss", which means loss of financial support to a spouse, children or in some cases, parents.
Wrongful death cases can be brought as a result of a death from any number of cases, such as motor vehicle/trucking accident, defective drugs or medication, defective automobile or tractor, faulty equipment or tools, or from the neglect of a doctor, hospital or nursing home. It is very important to preserve evidence in a wrongful death case, whether it be a part from a tool, an automobile, medical records, pill bottles or other evidence. Obtaining the services of legal counsel to assist in the collection and preservation of evidence is an important step in protecting the rights of those who may have a wrongful death case.
Often, insurance companies will approach the family of a deceased and try to get them to sign a release while they are still grieving over the loss of a loved one. Sometimes the money paid is completely inadequate to compensate for the loss, but the insurance company will take advantage of the situation and get the family to settle for pennies on the dollar. In such cases, the family should refuse to sign any papers and consult with their lawyer.
The statute of limitations for wrongful death cases is two years from the date of death.
