For families grieving the loss of a loved one, there is absolutely nothing that can make it any easier to navigate. Yet, you need to know your rights to get your family member justice. What is the statute of limitations for wrongful death in Oklahoma, and what does it mean to you? For most situations, the statute of limitations is two years, and it is a timeline you need to fully understand, and a Tulsa wrongful death attorney can help.
What Is Wrongful Death in Oklahoma?
If your close family member died due to the negligence of another person, or you are the personal representative assigned by the court of someone who died like this, you may be able to file a wrongful death claim. This action allows you to seek compensation for the losses your family member and their dependents and estate suffer as a result of that death. That could include financial losses, emotional distress, and more.
What Does the Statute of Limitations for Wrongful Death Mean?
A statute of limitations is a timeframe stated within state law that outlines when a person can file a claim against another party. This timeline is important. If you wait too long to file, it is far harder to find evidence to support your claim, and this also makes it difficult for the at-fault party to defend itself.
In Oklahoma, you have two years from the date that the wrongful death occurred to seek legal action. This starts the day that the person dies, not the day of the accident. If you fail to act within that two-year timeframe, the court will not hear your case, and that means you cannot seek compensation.
Oklahoma’s Discovery Rule
One of the ways that you may be able to circumvent the statute of limitations lies under the discovery rule. This rule extends the statute of limitations for two years from the date that the loss was discovered. For example, if your family member died, but it took months for the coroner to determine a cause of death, the statute of limitations may be extended to accommodate that length of time.
Factors That Play a Role in the Statute of Limitations
There are several other factors that can play a role in the length of time you have to take legal action.
- The defendant fled the state. If the person at fault fled the state and you were unable to locate them for some time, the statute of limitations will begin once they are found.
- If the party filing a lawsuit was a minor at the time of the accident, and no one else had the right to seek a claim, the statute of limitations may increase to accommodate time for the child to become an adult to take legal action.
- If new evidence comes to light later, it may be possible to extend this statute of limitations further, depending on the type of evidence and the circumstances of the accident.
Understanding the statute of limitations in Oklahoma is critical because waiting too long can lead to the loss of an opportunity to get justice for your family member. To avoid this delay, it is best to seek legal action with the guidance of an attorney who can help you meet these timeline expectations and protect your rights over the long term.