When a person or business’s negligence or intentional actions cause someone to suffer fatal injuries, the family of the deceased may have the legal right to file a wrongful death lawsuit. Court proceedings are often the last thing anyone wants to deal with while they grieve the loss of a family member; however, personal injury laws limit the time the deceased’s estate has to take action.
Our experienced personal injury attorneys at AMA Law understand your challenges. Please know that you do not have to face this difficult time alone. Speak to a caring Lawton wrongful death lawyer today for more information and help with your case.
State legislation says that wrongful deaths happen when wrongful actions or omissions of a party lead to the death of another. Under Oklahoma Statutes § 1053, when the case would provide cause for a personal injury lawsuit if the deceased were still alive, the family has the legal right to pursue damages through a wrongful death lawsuit. Examples of acts leading to lawsuits under the statute include:
The statutes further advise who has the legal right to pursue cases against the liable party.
The estate’s personal representative may petition the court to commence legal action for a wrongful death claim. If there was a Last Will and Testament and the deceased named the person of their choice to handle the executor of the estate duties, that person could act as the personal representative.
When the deceased has no will, the probate court will appoint a qualifying person as an administrator to handle the estate, and that person can file the action on behalf of the family. The committed team of Lawton wrongful death attorneys at AMA Law can handle all the legal filings on behalf of the personal representative and provide legal guidance throughout the process.
Recoverable damages in lawsuits resulting from a wrongful death include the following:
A proactive wrongful death lawyer in Lawton will fight for the settlement you and your family deserve after suffering such a terrible loss.
The estate representative must commence legal action and file the wrongful death claim within two years or miss the statute of limitations deadline. The time starts on the day of the accident, resulting in the person’s death.
The sudden loss of someone you love is tragic in any situation. When it happens because of someone else’s carelessness or criminal actions, the grief and anger can feel overwhelming. You have every right to take legal action and pursue compensation from the responsible party.
While a lawsuit will not change what happened, it could allow you to hold the at-fault party accountable and help your family recover financially. Call a compassionate and seasoned Lawton wrongful death lawyer at AMA Law to schedule a free, confidential case consultation.