Dakota Low’s Oklahoma Wrongful Death Lawyer Can Help with Your Wrongful Death Claim
The Oklahoma wrongful death lawyers and staff at Dakota Low have enabled clients to recover millions of dollars in settlements and verdicts. Equally important, we have given comfort and peace of mind to our clients with the knowledge they are well represented.
Losing someone you love is never easy, but that loss is even harder to bear when it results from another person’s negligence or intentional conduct. As you and your family grieve your loss and attempt to move on with your lives, it is important to consider the legal and financial issues of your loved one’s wrongful death.
How to File an Injury Claim in Oklahoma
The experienced Oklahoma Wrongful Death Lawyers at Dakota Low Law Firm, are sensitive to our clients’ grief. Our goal is to help you in this time of healing by making sure your future financial needs are met. We will guide you through the entire filing process of your case.
We’re an established and professional law firm with compassionate Oklahoma wrongful death lawyers and staff who are easy to talk to. Please call us at 405.601.8899 or our contact form. Our wrongful death lawyers handle claims throughout Oklahoma, so call us now.
What Are Common Lawsuits Due to Negligence in Oklahoma?
When a person is killed due to another’s negligence, recklessness, or intentional conduct, a “wrongful death” occurs. A wrongful death lawsuit is a type of personal injury case that allows surviving family members to seek legal compensation for their loved one’s untimely demise.
The responsible party can be another individual or an entity such as a corporation in Oklahoma, TX. Wrongful death claims can include deaths from vehicle accidents, worksite accidents, and defective or dangerous products.
Who can file a wrongful death claim in Oklahoma?
An action in Oklahoma for wrongful death can be filed by a victim’s immediate family members such as spouses, children, and parents. Typically, other family members such as siblings or cousins have no right to file a claim.
However, there are exceptions to the general rule, so if you have questions about your eligibility, please contact us to discuss your situation.
The Oklahoma wrongful death law firm of Dakota Low Law Firm, has successfully handled cases involving these types of cases. Put our Oklahoma Wrongful Death Lawyer’s experience to work for you.
What Damages are Recoverable in a Oklahoma Wrongful Death Lawsuit?
Damages or losses that we may be able to recover for you in a wrongful death claim include:
- Medical, funeral, and burial expenses
- Compensation for any pain or suffering experienced by the victim before death
- Compensation for the loss of the victim’s financial support
- Reimbursement for any future services normally provided to the survivors by the victim
- Compensation for the loss of the victim’s parental training and guidance
- Compensation for the loss of the victim’s companionship
- Loss of consortium and grief of the surviving spouse (distributed to the spouse)
It is crucial that to consult with an Oklahoma Wrongful Death Lawyer from Dakota Low before the statute of limitations for filing a wrongful death lawsuit expires. As a general rule, a cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Contact the Oklahoma Wrongful Death Lawyers at Dakota Low Law Firm
During this difficult time in your life, our Oklahoma Wrongful Death Lawyers are here to listen to your story. It is important that you have compassionate and experienced legal counsel on your side.
Get in touch with us for a free assessment
We can help you navigate the complex legal process of a wrongful death claim in Oklahoma. We are available to help you today.
Universal Citation: 12 OK Stat § 12-1053 (2014)
- When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission. The action must be commenced within two (2) years.
- The damages recoverable in actions for wrongful death as provided in this section shall include the following: Medical and burial expenses, which shall be distributed to the person or governmental agency as defined in Section 5051.1 of Title 63 of the Oklahoma Statutes who paid these expenses, or to the decedent’s estate if paid by the estate.
The loss of consortium and the grief of the surviving spouse, which shall be distributed to the surviving spouse.
The mental pain and anguish suffered by the decedent, which shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent.
The pecuniary loss to the survivors based upon properly admissible evidence with regard thereto including, but not limited to, the age, occupation, earning capacity, health habits, and probable duration of the decedent’s life, which must inure to the exclusive benefit of the surviving spouse and children, if any, or next of kin, and shall be distributed to them according to their pecuniary loss.
The grief and loss of companionship of the children and parents of the decedent, which shall be distributed to them according to their grief and loss of companionship.
- In proper cases, as provided by Section 9.1 of Title 23 of the Oklahoma Statutes, punitive or exemplary damages may also be recovered against the person proximately causing the wrongful death or the person’s representative if such person is deceased. Such damages, if recovered, shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent.
- Where the recovery is to be distributed according to a person’s pecuniary loss or loss of companionship, the judge shall determine the proper division.
- The above-mentioned distributions shall be made after the payment of legal expenses and costs of the action.
- 1. The provisions of this section shall also be available for the death of an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes.
- The provisions of this subsection shall not apply to:
a.acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented, or
b.acts which are committed pursuant to the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
- Under no circumstances shall the mother of the unborn child be found liable for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.
R.L. 1910, § 5281. Amended by Laws 1925, c. 125, p. 177, § 1; Laws 1943, p. 35, § 1, emerg. eff. April 13, 1943; Laws 1978, c. 106, § 1, eff. Oct. 1, 1978; Laws 1979, c. 235, § 1, eff. Oct. 1, 1979; Laws 2005, c. 200, § 1, emerg. eff. May 20, 2005.