Many states in the country have their own laws and definitions about what constitutes a wrongful death, but what happens when that loss of life takes place in Oklahoma? The Oklahoma State Courts Network defines this phrase as a wrongful or omitted act committed by one person that results in the death of another.
If you reside in Oklahoma and want to file a wrongful death lawsuit, there are a few restrictions and laws that you may want to understand before you proceed.
Legal documents may come into play
Your loved one’s will may restrict who can file a wrongful death lawsuit on his or her behalf, especially if the document names a specific individual as a representative. For example, if you believe your mother died due to nursing home negligence and you want to sue the facility, her will may have to name you as a representative before you can proceed. Most jurisdictions have their own laws, so you may want to look into how a will might impact your right to sue and whether your local court follows these guidelines.
If the court in your jurisdiction does not require that the singular person named in the decedent’s will must file the lawsuit, most any family member can do so. This includes parents, adult offspring of the deceased, siblings and grandparents. If you decide to file, you can name others as plaintiffs in the case.
The state of Oklahoma allows up to two years from the time of a person’s death to file a wrongful death lawsuit. You may want to act as soon as possible to avoid missing the deadline.