The untimely death of a loved one can be a shattering experience for anyone. It becomes harder to accept the unfortunate event, especially if the death was caused by another person’s or entity’s negligence. The family seeks to obtain compensation and justice for their loved one. Sometimes trying to get compensation through a wrongful death claim can make the matter even worse for people living in Oklahoma and add more frustration to their life. The best way to know and understand how to do it properly is by hiring a wrongful death attorney. They can help you prove that the third party had acted recklessly and caused the death of your loved one.
Who is Allowed to File the Wrongful Death Claim?
Most people think that any family member can apply for a wrongful death claim after the disease of a loved one. This is not true. Under Oklahoma law, only personal representatives of the deceased estate can file for a wrongful death claim. They can be named in the deceased’s will or trust. If the person does not have any of those, then immediate family members can file for the claim like parents, adult children, or spouse. If the family members do not want to step up and take up the responsibility of managing the claim, the court will step in and appoint someone as the personal representative. That person gets the ability to file and pursue the claim with the help of a wrongful death attorney.
What Damages are Possible in the Wrongful Death Case?
“Damages” are the personal representatives’ claimed losses in a personal injury case. The court usually awards damages to the deceased person’s representative to compensate for several losses. The wrongful death attorney can help you get the claim for the following losses
- Medical and burial expenses
- The mental pain that the deceased suffered between the final injury and death
- The surviving spouse’s grief
- The loss of wage and benefits the deceased would have earned if they survived