What is a Wrongful Death Claim?
A wrongful death claim arises when someone dies due to the negligence, recklessness, or intentional actions of another party. In Oklahoma, these claims are governed by the Oklahoma Wrongful Death Act, which allows certain family members to seek compensation for their loss.
Who Can File a Wrongful Death Claim in Oklahoma?
Under Oklahoma law, the following individuals are eligible to file a wrongful death claim:
- Spouse of the deceased
- Children (biological or adopted)
- Parents of the deceased
If none of these parties file a claim within three months of the death, the executor or personal representative of the deceased’s estate may file, unless the family specifically requests otherwise.
Common Causes of Wrongful Death
Wrongful death claims can arise from various situations, including:
- Motor Vehicle Accidents: According to the Oklahoma Department of Transportation, there were over 4,400 fatalities on Oklahoma roads in 2022, many caused by drunk driving, distracted driving, or speeding.
- Workplace Accidents: Oklahoma leads the nation in workplace fatalities, with industries like construction, oil, and gas being particularly hazardous.
- Medical Malpractice: Errors in diagnosis, treatment, or surgical procedures can lead to preventable deaths.
- Defective Products: Faulty machinery, unsafe consumer products, or defective vehicle parts can result in fatal injuries.
- Criminal Acts: Homicides or assaults that result in death may also lead to wrongful death claims.
- Premises Liability: Fatal accidents caused by unsafe property conditions, such as slip-and-fall incidents or building code violations.
Damages Recoverable in a Wrongful Death Claim
In Oklahoma, damages aim to compensate the family for both economic and non-economic losses, such as:
- Economic damages: Funeral and burial expenses, loss of financial support, and medical bills related to the deceased’s final injury or illness.
- Non-economic damages: Loss of companionship, emotional pain, and suffering.
- Punitive damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer.
Statute of Limitations
In Oklahoma, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased’s death. However, there are exceptions in certain cases, such as fraud or if the claimant is a minor.
Proving a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must prove:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty through negligence or intentional actions.
- The breach directly caused the death.
- The family suffered damages as a result.
Statistics on Wrongful Death in Oklahoma
- Traffic Fatalities: In 2022, Oklahoma accounted for 14% of all U.S. traffic deaths, with 25% involving alcohol-impaired drivers.
- Workplace Fatalities: The Bureau of Labor Statistics reported 533 workplace deaths in Oklahoma in 2021, the highest of any state.
- Medical Errors: A study by Johns Hopkins suggests that medical errors are the third leading cause of death in the U.S., with thousands of cases occurring in Oklahoma annually.