Who Can File a Wrongful Death Lawsuit?

Who Is Able to File a Wrongful Death Lawsuit

The personal representative of the estate of a deceased person (decedent) can file a wrongful death lawsuit in Oklahoma. This representative is often a blood relative of the decedent. There can be times when a person dies without a will, and a personal representative is appointed to manage this individual’s estate.

At BDIW Law, we can determine if you are eligible to file a wrongful death lawsuit. For more information, meet with a wrongful death attorney from our team. When you do, we can review your wrongful death claim.

The Definition of a Wrongful Death Lawsuit

In a wrongful death lawsuit, an individual sues one or more at-fault parties responsible for someone else’s death. For example, you can file a wrongful death lawsuit if a family member dies due to someone else’s negligence. In this scenario, you can request compensation from any party that contributed to your loved one’s death.

There are many instances in which a family member or another personal representative of a decedent will file a wrongful death lawsuit. These include:

Car Accident

Research indicates nearly 43,000 people died in auto accidents in the United States in 2021. Car accidents occur for many reasons, such as:

Drunk Driving: It is difficult for an intoxicated driver to stay focused on the road, and this motorist is prone to fatal car accidents.
Distracted Driving: There is no excuse for distracted driving, but a driver can take their focus away from safe travel and cause an accident that results in fatalities.
Speeding: A driver may choose to drive faster than the posted speed limit, which increases their risk of a fatal accident.

If a family member dies in a car accident that occurs due to a driver’s negligence, the motorist can be held accountable. In this situation, you can file a wrongful death lawsuit. You can work with a wrongful death lawyer to seek the most damages possible, too.

Nursing Home Abuse

An elderly member of your family may reside in a nursing home. You may believe the nursing home staff is doing everything in their power to care for your loved one. Yet, nursing home abuse can happen without you or other members of your family realizing it.

Millions of people over the age of 65 report nursing home abuse in the United States every year. Conversely, in many cases, nursing home abuse goes unreported. If left unaddressed, nursing home abuse can be fatal.

If you believe a loved one died as a result of nursing home abuse, the team at BDIW Law can assist. A nursing home abuse lawyer can review your wrongful death claim. We can help you seek justice against any at-fault parties.

Workplace Accident

It is an employer’s responsibility to take precautions to protect their workers against on-the-job hazards. However, there is no guarantee that a company will do what is necessary to keep its workers safe. In the worst-case scenario, a business exposes its workers to risk, and employees put their health in danger.

If a worker dies as a result of an on-the-job accident, this individual’s employer can be held financially responsible. The decedent’s family can pursue damages in a wrongful death claim. This allows the family to request damages for lost income and other losses they incur due to their loved one’s death.

Following a workplace accident and fatality, meet with a wrongful death lawyer. This allows you to explain your case and find out how the attorney will approach it. The lawyer may advise you to file a wrongful death lawsuit and will make sure one is submitted for you in accordance with the statute of limitations.

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How and When to File a Wrongful Death Lawsuit

If you want to file a wrongful death lawsuit, it pays to consult with a lawyer. This gives you an opportunity to share details about your case with an attorney. From here, the lawyer will ensure that your lawsuit is filed, and you can request an appropriate amount of damages.

Oklahoma law states you have a maximum of two years from the date of an individual’s death to file a wrongful death lawsuit. This means you have a limited amount of time to seek damages in a wrongful death claim. If you ignore the statute of limitations, you risk losing the opportunity to request damages.

Your lawyer will file your wrongful death lawsuit before the statute of limitations expires. Also, your attorney will help you seek economic and non-economic damages. You can request economic damages for lost income and other objective losses and non-economic damages for pain, suffering, and other subjective losses.

The Steps Involved in a Wrongful Death Lawsuit

Expect a wrongful death lawsuit to extend anywhere from a few months to several years. During this time, you may need to complete the following steps to resolve your case:

Discovery

In the discovery stage, you and your attorney gather evidence to support your request for damages. You can also collect witness statements and consider who can testify during your trial. The discovery stage gives the defendant the opportunity to retrieve evidence and other information to dispute your claim as well.

Negotiations

The defendant in your case may propose a settlement in the hopes that you will accept less compensation than what you originally requested in exchange for a fast case resolution. Your lawyer notifies you if the defendant offers a settlement. You have the option to approve, reject, or counter a settlement.

Trial

If no settlement is reached, you and the defendant go to trial to resolve your case. You and the defendant get the chance to present your respective argument. The court then renders a decision, and you will find out if you will receive any damages.

Having an experienced wrongful death attorney at your side can make a world of difference throughout the legal process. This attorney can answer any questions you have regarding this process. Plus, your lawyer will ensure you receive plenty of support as your litigation moves forward.