Fatal Accidents and Wrongful Death per Oklahoma Laws
Oklahoma Statutes Title 12 Chapter 17 Section 1053 contains the state’s wrongful death laws. According to the statute, the death of a victim caused by a wrongful act or omission by another party is considered wrongful death. The survivors of victims can bring a wrongful death action against the negligent party within a period of two years from the time of the victim’s death.
In Oklahoma, the damages for wrongful death include medical expenses up to the point of the victim’s death and costs incurred for the victim’s last rites. Damages for wrongful death also include the financial losses that the survivors sustain due to the death. Additionally, the statute has provisions for claiming damages for loss of companionship and pain and suffering the victim experienced prior to death.
Once the amount of damages is finalized, a judge determines the ratio in which the compensation is to be distributed among the survivors. In wrongful death cases, spouses, children and parents are eligible for receiving a share of damages. The damages are, however, paid to the recipients after deducting legal expenses and the costs of the action.
In the event of fatal accidents, courts consider this set of criteria while determining whether the victim’s death was caused by the negligence of another. However, due to various legal complications, obtaining compensation for the loss of a loved is often not an easy task. In such situations, it may be wise for the survivors of victims to consider retaining an experienced personal injury and wrongful death attorney.
Source: OSCN.net, “Oklahoma Statutes Citationized,”