Frequently Asked Wrongful Death Questions

A wrongful death action is a cause of action on behalf of the family or beneficiaries for “Compensatory Damages”. Wrongful Death cases arise in a number of different contexts, including car accidents, constructions site accidents, and medical malpractice.

What is the basis of a claim?

A wrongful death claim is a compensation claim alleging the loss of life was the result of negligence (or other liability) on the part of the defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.

What are the elements of a case?

Generally, the death was caused, in whole or part, by the conduct of defendant. The defendant was negligent, or strictly liable, for victim's death. There is a surviving spouse, children, beneficiaries or dependents and monetary damages have resulted from the victim's death.

Who can file a compensation claim?

Generally, immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim (although minors until 18 years of age may require a "guardian ad item" to represent their interests in court).

When must a lawsuit be filed?

Each state has its own "statute of limitation," which defines the time frame during which a lawsuit must be filed. In Oklahoma, the statute of limitation is two years. The time usually runs from the time of the victim's death, although some states may allow a lawsuit to proceed if the act which caused the death was not discovered until later (for example, the spouse of the victim does not discover until the following year that the victim's death was caused by the negligence of the treating doctor. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the treating doctor's negligence, rather than the date of the victim's death).

What kinds of compensation are recoverable?

The following types of damages are considered in a wrongful death case.

• Sorrow, mental anguish which includes loss of companionship, comfort and guidance;

• The expected loss in income of the person who died;

• The expected loss of services, protection, care, and/or assistance which the person that died provided to the survivors/beneficiaries;

• Immediate expenses associated with the death (funeral and burial);

• Loss of victim's anticipated earnings in the future until time of retirement or death;

• Loss of benefits caused by the victim's death (pension, medical coverage, etc.);

• Pain and suffering, or mental anguish to the survivors;

• Loss of care, protection, companionship to the survivors;

• General damages; and

• Expenses for the care, treatment, and hospitalization of the person who died related to the injury resulting to death.

In times of grief it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of death, preservation of evidence and identification of responsible parties.

• If you are the spouse, child, or parent of someone you believe to have died as a result of negligence by another person, our law firm can help you. Although no amount of money can compensate a family for the loss of a loved one, the law recognizes the loss to the family members and provides redress to protect the spouse, children and parents of the deceased.