To file a wrongful death claim in Oklahoma, the personal representative of the deceased person’s estate must file a civil lawsuit against the responsible party, generally within two years of the date of death. This lawsuit seeks compensation for both the estate and surviving family members for their financial and emotional losses. If the deceased did not name a personal representative in their will, the court will appoint one to act on behalf of the estate.
In short, filing a wrongful death claim involves identifying the liable party, gathering evidence of negligence, calculating damages, and submitting the lawsuit in the proper Oklahoma court. However, the process can be complex, and working with an experienced wrongful death attorney in Tulsa can help ensure that every legal requirement is met.
Step 1: Determine Who Can File the Claim
Per Oklahoma Statutes Title 12 § 1053, only the personal representative of the deceased’s estate has the authority to bring a wrongful death lawsuit in most cases. This person may be appointed through the will or by the court if no will exists. Although the representative files the claim, any compensation awarded is distributed to eligible beneficiaries, including:
- The surviving spouse
- The deceased’s children or parents
- Dependent next of kin, if no immediate family survives
This system ensures that the right parties receive compensation for their losses.
Step 2: Establish Liability and Gather Evidence
Like other personal injury cases, wrongful death claims in Oklahoma usually rely on proving negligence. The representative must show that the defendant owed the deceased a duty of care, breached that duty, and caused the death as a result.
Evidence can include:
- Police reports
- Medical records
- Eyewitness statements
- Expert testimony
- Financial records documenting the impact of the loss
Persuasive evidence helps demonstrate fault and the full extent of damages suffered by the family and the estate.
Step 3: Identify Recoverable Damages
Oklahoma law allows wrongful death claims to seek compensation for both economic and non-economic losses. These may include:
- Medical and funeral expenses
- Lost income and benefits
- Pain and suffering of the deceased before their death
- Grief, loss of companionship, and emotional distress for surviving family members
The court may divide the total award between the estate and the beneficiaries based on the nature of each category of damages.
Step 4: File the Lawsuit and Pursue Compensation
Once liability and damages are established, the personal representative must file the wrongful death lawsuit in the proper Oklahoma district court. After filing, the defendant is formally served and given a chance to respond. From there, both sides exchange evidence and may attempt to negotiate a settlement.
If a settlement isn’t reached, the case can proceed to trial, where a judge or jury determines whether the defendant is liable and how much compensation should be awarded. Having an attorney on your side throughout this process ensures that all procedural requirements are met and that the family’s case is presented effectively.
Contact a Trusted Wrongful Death Lawyer With Gorospe Law Group
If you believe your loved one’s passing was caused by negligence, you may be entitled to take legal action through a wrongful death claim. Contact Gorospe Law Group today to schedule a free consultation at (918) 582-7775. We will do everything in our power to help your family move forward with a sense of justice and maximum compensation.