Losing someone because of another person’s negligence is one of the most painful experiences a family can go through. And right in the middle of that grief, Oklahoma law may require you to make decisions that can affect your ability to seek justice. For families in Oklahoma City, knowing what to expect early can help prevent mistakes that make an already difficult legal process even harder.
Wrongful death cases are legally distinct from other civil claims, but they share a foundation with the broader world of personal injury law. Understanding wrongful death claims in Oklahoma can help families recognize what’s at stake when evidence disappears or legal deadlines pass. What follows are some important mistakes to avoid and what Oklahoma families can do differently.
Waiting Too Long to Start a Wrongful Death Claim
Oklahoma law generally gives the personal representative two years from the date of death to bring a wrongful death claim. The personal representative is the person legally authorized to act on behalf of the deceased person’s estate. The two-year period generally starts on the date of death, not the date of the underlying accident or incident. If your loved one was injured on one date and later died from those injuries, that distinction can matter.
Two years may sound like a long time, but preparing a wrongful death case can take time. An Oklahoma wrongful death action is generally brought by the deceased person’s personal representative, so determining who has authority to bring the case is an important early step. Waiting can also give evidence more time to disappear and witnesses more time to forget important details.
Claims involving an Oklahoma government entity may follow a different timeline. Special notice requirements can apply, including a one-year notice deadline in some circumstances. This can become relevant when a death involves a government vehicle, public employee, or other government actor. The standard wrongful death deadline does not replace special notice requirements that may apply to claims against government entities.
The timing here is critical. Missing an applicable deadline can limit or eliminate the ability to pursue a claim. Talking with a lawyer early can help a family determine which deadlines and procedures apply to the circumstances.
Assuming Any Family Member Can File the Claim
This one surprises people. In Oklahoma, a wrongful death action is generally brought by the personal representative of the deceased person’s estate rather than an individual family member simply filing on their own behalf. The personal representative may be an executor named through the estate process or an administrator appointed by the appropriate court.
That makes identifying the proper person to bring the action an important part of the process. A personal representative acts in a legal capacity on behalf of the estate and eligible survivors. Oklahoma law directs different categories of wrongful death damages to the estate or particular survivors depending on the type of damages involved.
Probate may also become part of the process. Probate is the court-supervised process used to address a deceased person’s estate, including the appointment of someone with authority to act for the estate when necessary. Addressing these issues early can help avoid procedural delays while an attorney investigates the wrongful death claim.
Letting Evidence Disappear While Grief Takes Over
Honestly, this may be the most painful part of the process to discuss. Families may be planning funerals, notifying relatives, and simply trying to hold themselves together. The last thing anyone wants to think about is preserving a crash scene or requesting surveillance footage. But some evidence can disappear quickly.
While estate-related issues are being addressed, a legal team may also need to investigate the circumstances of the death and preserve relevant evidence. Depending on the case, that evidence could include:
- Physical evidence from the scene that may help show what happened.
- Death certificates and autopsy reports documenting the death and relevant medical findings.
- Law enforcement records related to a fatal crash or other incident.
- Witness statements from people who saw what happened or have other relevant information.
- Surveillance or dashcam footage that may be erased or overwritten over time.
- Electronic records such as logging or vehicle data in a fatal truck accident.
- Medical records related to the injuries, treatment, and cause of death.
An attorney may also send a preservation letter, which is a written notice telling a person or organization to preserve evidence that may be relevant to a legal claim. Taking these steps promptly can help preserve evidence and allow witnesses to be interviewed while their memories are still fresh. Waiting can make some evidence harder or impossible to recover.
Evidence also matters when determining damages, which are the financial and other losses that may be recoverable through a legal claim. One mistake in wrongful death litigation is failing to develop those losses fully before settlement discussions. Depending on the circumstances, Oklahoma wrongful death damages may address expenses and financial losses as well as certain personal losses suffered by eligible survivors.
Those personal losses can include certain forms of grief and loss of companionship, among other damages allowed by Oklahoma law. These losses may require evidence too. Building a complete picture of the family’s losses can help ensure that settlement discussions are based on the facts of the case rather than an incomplete record.
Assuming the Civil Case Depends on the Criminal Case
Oklahoma City families sometimes hold off on pursuing a wrongful death claim because they’re waiting to see what happens in a related criminal case. That reaction is understandable, but a civil wrongful death case and a criminal prosecution are separate proceedings.
A criminal case focuses on whether the government can prove that someone committed a crime. A wrongful death lawsuit is a civil action seeking compensation for losses caused by a death. The two proceedings also use different standards of proof. As a result, a not-guilty verdict in criminal court does not necessarily prevent a family from pursuing a civil wrongful death claim.
Waiting for a criminal case to end can use valuable time under the deadlines that apply to a civil claim. Families do not necessarily have to wait for the criminal process to finish before speaking with a law firm about their civil options. An attorney can evaluate the circumstances and help determine how the two proceedings may affect each other.
Talk to an Oklahoma City Wrongful Death Attorney
If your family is dealing with a wrongful death in the Oklahoma City area, the decisions made early in the process can matter. Evidence may need to be preserved, deadlines identified, and the proper person authorized to bring the claim. Understanding those issues early gives your family more time to make informed decisions.
At Talley, Turner, Stice & Bertman, our attorneys help families understand their legal options after the loss of a loved one. If you have questions about a potential wrongful death claim, contact our law firm to discuss your situation and the next steps that may be available.