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It is a sad fact that people die an untimely death from all sorts of tragic occurrences. They can be killed in an auto accident, on the job/ job site accident, riding an amusement park ride or taking a prescription medication. There are all types of factors that can lead to someone?s death. Sometimes these factors are immediately known and obvious but other times, it takes investigation?possibly countless hours of digging and research?to expose all the causes of the tragedy.

Regardless of what type of tragedy occurred, the reality for the surviving family members is the same?they are left grieving, struggling to cope with their unexpected loss, and possibly in financial distress. So what can a grieving family do to make sure that justice is served if another party?s negligence or actions contributed to the death of their loved one?

They can pursue a wrongful death legal case. Oklahoma, like all states, has a wrongful death statute. (Oklahoma?s Wrongful Death Statute, 12 O.S. ?1053). Oklahoma?s Wrongful Death Act establishes who is entitled to file a wrongful death lawsuit. Surviving spouses and children would obtain a personal injury attorney to handle the case. They would be the Plaintiff in the case and according to the statute, they are entitled to recover certain damages if the defendant is found to be responsible/guilty.? These are considered punitive damages, and they are: Burial and funeral expenses; medical bills; pain, suffering, grief and loss of companionship.

The family designates a personal representative of the deceased party?s estate (typically the surviving spouse if there is one). As you can imagine, the pain and loss are difficult things to measure and attach monetary values to. It is important that surviving spouses and or children document their feelings and their loss and be prepared to explain the relationship that they had with the deceased. It is also important that all expenses pertaining to the death of their loved one are documented with receipts saved.

The economic, financial loss that surviving family members experience can be recoverable (at least in part) under what is known as ?pecuniary loss.? These are the loss of earnings and contributions to the household that have been experienced by the plaintiff(s).

An important thing to note is the timing for filing a wrongful death case. A statute of limitations is a law that limits the time period following certain events during which someone can file a legal claim. Once the time period established by the statute has been reached, the plaintiff can no longer pursue money damages. For wrongful death actions in Oklahoma, the lawsuit must be filed within two years of the date that the person passed away.

For more information about wrongful death cases and how they are handled, feel free to contact our law firm. Consultations for these types of cases are free, with no obligation. It is important for you to have the information and know where you stand should you find yourself facing this type of tragic situation.

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Source: http://www.burtonlaw.com/blog/?p=347

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