Who Can File a Wrongful Death Lawsuit in Oklahoma?

Oklahoma law limits who can file a wrongful death claim after someone’s negligence or intentional actions cause someone else’s death. Only the personal representative of the estate has the right to file this type of claim. The personal injury attorneys at Oklahoma Injury Law Firm provide an overview of what you need to know about this legal issue.

The Background on Wrongful Death Claims

The Oklahoma wrongful death statute, codified at Okla. Stat. tit. 12, § 1053, says that the right to file a wrongful death claim arises when the “death of one is caused by the wrongful act or omission of another.” Under this law, a wrongful death claim can arise due to motor vehicle accidents, premises liability claims, defective products, or intentional acts, among others.

The Personal Representative’s Responsibility

The Oklahoma wrongful death law states that the personal representative can file a wrongful death claim. The personal representative is the person named in the deceased person’s will. If they had no will, the court can appoint a personal representative.

The personal representative is responsible for handling the probate process. For a wrongful death claim, they can help advance the legal claim, work closely with a wrongful death attorney, and assist in gathering evidence. The personal representative is responsible for protecting the rights and interests of the beneficiaries.

The Benefactors of an Oklahoma Wrongful Death Claim

While the personal representative is often a loved one and/or family member, the wrongful death case does not benefit the representative personally. Instead, any monetary proceeds go to the decedent’s surviving loved ones, with priority going to those who are more closely related to the the decedent, as follows:

• Spouse: The surviving spouse of the decedent may be the primary beneficiary in many cases.
• Children: Minor and adult children can be beneficiaries in wrongful death cases filed in Oklahoma.
• Parents: The parents of a minor child or a child who is unmarried without children can be the beneficiaries of the wrongful death proceeds.
• Siblings: Siblings of the decedent may be beneficiaries in some cases.
• Next of kin: If none of the above survive the decedent, Oklahoma law determines the next of kin and who is entitled to receive the benefits of the case.

The Time Limit for Filing an Oklahoma Wrongful Death Case

The statute of limitations to file a wrongful death case in Oklahoma is two years from the date of death. If the personal representative does not file within this timeframe, they can forfeit the family’s right to recover compensation for their loved one’s passing. Protect your legal rights by contacting an experienced lawyer today.

Contact an Oklahoma Wrongful Death Lawyer for Legal Guidance and Assistance

If you recently lost a loved one due to the actions of another, turn to the compassionate and caring wrongful death lawyers at the Oklahoma Injury Law Firm. We can discuss your legal rights during a free, confidential consultation.