The Quarters at Kelley Pointe
2529 S. Kelly Ave., Suite C
Edmond, Oklahoma 73013
Map & Directions
Toll Free: 888-311-3273
Se Habla Español
Fx / (405) 509-2004
Email: contact@nixlawgroup.com
The Oklahoma Wrongful Death Act establishes who is entitled to file a wrongful death lawsuit, the damages recoverable in a wrongful death lawsuit, and who is entitled to the proceeds from a wrongful death lawsuit. The law provides that when a person's death is caused by the wrongful act or omission of another, a personal representative of the deceased can bring a lawsuit if the deceased could have brought a lawsuit had he lived.
Oklahoma's wrongful death laws can be complicated for the undoubtedly emotional family of the deceased. If a family member or loved one has suffered a wrongful death, contact the lawyers at Nix Law Group, PLLC, serving all of Oklahoma, including Tulsa, Oklahoma City, and all other Oklahoma areas. We can review your wrongful death lawsuit claim, and help you determine your next course of action.
Filing a Wrongful Death Lawsuit
Oklahoma Wrongful Death Lawsuit Damages
Types of Damages
In Oklahoma, a wrongful death lawsuit is properly brought by the personal representative (PR) of the estate of the deceased person. If no personal representative has been appointed, then the surviving spouse has the right to bring a wrongful death lawsuit. If there is no personal representative or surviving spouse, then the next of kin have the right to bring the claim. Typically, the next of kin will be surviving children of the deceased.
The surviving spouse, the children, and the parents of the deceased are all entitled to recover damages in a wrongful death lawsuit. Additionally, the medical bills and burial expenses are paid to the person who paid those bills. If there is no surviving spouse, no parent and no children, then the next of kin are entitled to recover damages under the wrongful death statute.
If you have more questions about Oklahoma's wrongful death laws, contact the attorneys at Nix Law Group today. We would be pleased to schedule a free, confidential consultation with you and your family.
Physical and mental pain suffered by the deceased is recoverable in a wrongful death case and are distributed to the surviving spouse and the next of kin in the same proportion as the personal property of the estate. If the deceased had a will, then the will controls how these damages are distributed. However, if there is no will (which is often the case), then these damages are distributed in accordance with Oklahoma intestate laws. Under the intestate laws, the pain and suffering damages are distributed between the surviving spouse and the children. If there are no surviving children and no surviving spouse, then these damages are distributed to the parents. If there is no surviving spouse, no surviving children and no surviving parent, then these damages are distributed to the siblings of the deceased.
Pecuniary loss to the survivors is also recoverable in a wrongful death case. This means that the economic or financial loss caused to the surviving spouse and minor children as a result of the death of their spouse and parent is recoverable. These damages include such items as loss of earnings and loss of household contributions. In a wrongful death lawsuit, expert testimony from an economist is usually necessary to support this claim. Grief and loss of consortium of the surviving spouse, parents and children of the deceased is also recoverable in a wrongful death lawsuit.
In some cases, punitive damages may also be recovered in wrongful death cases. Punitive damages are distributed in the same manner as pain and suffering damages.
Typically, when a wrongful death case settles, the settlement is a lump sum which must be distributed to the heirs of the decedent. The judge ultimately has authority to determine this distribution. However, as a practical matter, most families reach an agreement regarding the distribution.
The wrongful death laws in Oklahoma can be difficult to navigate through your grief. It's best for you and your family to retain the services of experienced wrongful death lawyers to handle your case. Serving Oklahoma City, Tulsa, and all surrounding areas, Nix Law Group offers compassionate and comprehensive legal representation in your toughest times.