SKIP TO CONTENTLearning that a loved one has passed away because of another person’s negligence can be devastating. Are you considering holding the at-fault party accountable through a wrongful death claim? Before you file a claim, understand who can sue for wrongful death in Oklahoma and how to begin the process with the help of a wrongful death attorney.
Who Has the Right To Sue for Wrongful Death in Oklahoma?
In Oklahoma, only the decedent’s personal representative can sue for wrongful death. If your loved one had a will, they likely named a personal representative. This person is responsible for executing the will and is typically an immediate family member or attorney.
If the will does not name a personal representative, the court will appoint one. Generally, the court would appoint any of the following people in this order of priority:
- Surviving spouse
- Children of the decedent
- Parents of the decedent
If a different person would like to assume this rule, they can make their case to the probate court.
Although only a personal representative can sue for wrongful death in Oklahoma, they may do so on behalf of the decedent’s surviving family members and beneficiaries. Anyone who can prove they were entitled to the decedent’s assets after death or were dependent on the decedent may lay claim over part of the compensation award from the wrongful death claim.
Aside from the individuals listed above, this list could include:
- A domestic partner
- Legal guardians
- Distant relatives
If you are unsure who the decedent’s personal representative is, contact the court that is handling their probate.
What Is the Statute of Limitations for Wrongful Death in Oklahoma?
Determine who can sue for wrongful death as soon as possible to avoid missing the statute of limitations. In Oklahoma, a personal representative must file a wrongful death lawsuit within two years of the date of death. Missing this deadline bars you and your family from claiming compensation.
While two years may seem like a long time, it can pass quickly while you navigate the extensive paperwork and tasks following your loved one’s death. You should also aim to file your claim as soon as possible while evidence of the responsible party’s actions remains fresh. Waiting more than a year could harm your case, as essential evidence may no longer be readily available.
Rely On a Committed Attorney To Help You Sue for Wrongful Death
In the aftermath of your loved one’s unexpected death, stress, frustration, and anger abound. The idea of navigating a lawsuit during this time may feel unmanageable. Instead, allow a compassionate wrongful death attorney to guide you through this process.
Your attorney will:
- Help you understand who can sue for wrongful death by pinpointing the decedent’s personal representative
- Ensure that you stay within the statute of limitations and adhere to all deadlines for your case
- File the appropriate paperwork to initiate your wrongful death claim
- Represent you at every court date
- Speak with the court, the insurance company, and the defendant on your behalf
- Gather evidence to prove the defendant’s negligence or liability in your loved one’s death
With an experienced wrongful death attorney on your side, you can spend time grieving for your loved one and putting the pieces of your life back together while passing the responsibility of your case over to a professional.
Bryan Garrett PLLC: Your Compassionate Wrongful Death Attorneys in Oklahoma
Attorney Bryan Garrett PLLC can help you understand who can sue for wrongful death and guide you through the process. Allow us to seek the maximum compensation on your behalf while you take time to grieve.
Contact us today at 405-725-2661 to schedule a consultation.
