Wrongful death occurs when a person or business is negligent in such a way that it causes another person to lose their life. Proving wrongful death is complex and often best done with the help of an attorney. One of the most common questions after such a loss relates to who can file a wrongful death lawsuit in Oklahoma since not just anyone can take such legal action. Talk to a Tulsa wrongful death attorney about your case today.
Under Oklahoma’s O.S. §12-1053 statute, a personal representative of the deceased party can take legal action. This may be one of several people.
Filing a Wrongful Death Lawsuit in Oklahoma
A personal representative of the deceased person may be selected by the court if a person does not have one named in a will or other legal document. This includes executors, administrators, conservators, and others who hold legal rights named under the law. A judge typically will select a family member to hold this position.
If the family agrees on this party, it is typically the person the judge will select. However, if there are some family members who do not agree, the court will gather information to make a decision related to the decision. A person who dies without an administrator of their estate, meaning they do not have someone named in a will, will have the court rule on who will represent the estate (which is often the same party who will pursue legal action). This typically follows the following order:
- The surviving spouse
- A decedent’s adult child
- The parent of the decedent
- A sibling of the decedent
- An adult grandchild
- The next of kin
What Will This Person Do?
In situations where wrongful death is expected, the person assigned to be the personal representative will need to make decisions about their ability to move the case forward. We strongly recommend working with a legal team to help you through this process.
- Our attorneys will discuss your case with you. We analyze if there is any credible reason to believe wrongful death occurred. If so, we investigate.
- We will then determine all parties at fault for your injuries and losses. This allows us to begin building your case.
- You, as the named personal representative of the deceased party, will decide to move forward with a lawsuit or settlement if applicable. If you do this, our legal team will then work with you to pursue legal action.
While making the decision to file a wrongful death lawsuit is a big one, the work that goes into proving this type of loss occurred is much more significant. We strongly encourage you to seek out legal guidance from our team as we work to seek full compensation for you, including for losses such as financial losses, mental pain and anguish, loss of companionship, and loss of financial support.
With the guidance of an experienced and compassionate wrongful death attorney, they will help you build a case and determine what legal strategies may be best to help your family recover the losses you are facing. Contact a trusted law firm in your area today for a free consultation. Discuss your case with a wrongful death attorney today to find out what your next steps are in building a case to recover damages owed for the loss of a loved one.