Losing a loved one is one of the most difficult experiences a human can go through. In the midst of grief, the prospect of navigating the legal process may feel overwhelming. But for families who believe that the death could have – and should have – been prevented, there may be grounds for a wrongful death claim.`
These claims allow surviving family members or representatives to pursue justice when someone’s death is caused by negligence or misconduct. However, the law places strict time limits and deadlines on when they must be filed, known as the statute of limitations.
It is imperative to understand what the statute of limitations is for a wrongful death case, because missing this deadline could prevent you from holding the responsible party accountable. Here’s what you need to know about wrongful death cases in Oklahoma, the time limits involved, and why it is important to act early and quickly.
Understanding “Wrongful Death” in Oklahoma
A wrongful death occurs when someone dies as a direct result from the wrongful actions, negligence, or misconduct of another. Under Oklahoma law, wrongful death is defined as a situation “when the death of one is caused by the wrongful act or omission of another.”
Common causes of wrongful death include:
- Medical malpractice (e.g., failure to diagnose or surgical errors)
- Motor vehicle and boating accidents
- Pedestrian or bicycle collisions
- Workplace accidents (especially in high-risk industries; e.g. oil, gas, or construction)
- Defective or dangerous products (product liability)
To have a valid wrongful death claim, you must prove the other party was legally negligent. The four elements required to prove negligence are:
- Duty of Care – The defendant owed a legal duty to act reasonably and avoid causing harm.
- Breach – That duty was violated, through action or inaction.
- Causation – That breach directly caused the death.
- Damages – Measurable losses occurred, such as funeral costs, income losses, or emotional suffering.
Who Can File a Wrongful Death Claim?
Not just anyone is allowed to file a wrongful death lawsuit. In Oklahoma, the following individuals may pursue a claim:
- The surviving spouse.
- The deceased person’s parents or children.
- If there are no immediate family members, the legal representative of the estate may file on their behalf.
A general rule of thumb: if the deceased person could have filed a personal injury claim had they survived, then their legal representative likely has the right to file a wrongful death claim on their behalf upon their death.
What is a “Statute of Limitations” for Wrongful Death?
A statute of limitations is a law that sets the legal deadline for filing a claim. They exist so that legal claims are based on recent and reliable facts, witnesses, and evidence. They also ensure that defendants aren’t facing lawsuits decades after the alleged incident happens. The general statute of limitations in Oklahoma is 2 years for tort claims. This means that the law generally requires you to file your claim within two years of when you knew (or should have known, through the exercise of reasonable diligence) that you had a claim. In a wrongful death case, the time limit is generally 2 years from when the death occurred.
The deadline is strictly enforced, so if a case is not filed within the 2 year window, you risk losing your right to pursue a claim and seek compensation.
Conducting investigations, gathering evidence, and building a case takes more time than many people expect, so the earlier you start building your case, the better your odds are for strengthening it. An experienced attorney can help you get ahead of the process and begin building your case without risking a last-minute rush.
Factors That Can Affect the Statute of Limitations
The general rule for wrongful death cases is two years, but are there any exceptions? The time limit placed on filing from the statute of limitations can be “tolled”, or put on hold, for a few specific reasons:
Claimant is a Minor
If the person with standing to file a claim is under 18, the statute of limitations may not begin until they reach the point of adulthood. This means that if a child loses a parent, they may have until two years after turning 18 to file a claim.
The Discovery Rule
This rule applies in specific cases, especially those involving medical malpractice, where the cause of death was not immediately obvious. The statute of limitations may begin when the plaintiff discovers – or should have reasonably discovered – the negligence that caused the death.
Fraud
If a healthcare provider or defendant knowingly conceals their wrongdoing, the statute may be extended to account for the time it took to uncover the fraud.
These exceptions can be complex and case-specific. An experienced attorney can help determine whether your case falls within the statute of limitation.
Navigating the Legal Process in a Wrongful Death Case
If you believe your loved one’s death was preventable, the first step is to contact an attorney. These cases are often emotionally tolling and legally complex – having a knowledgeable attorney in your corner can make all the difference.
Here’s how the legal process typically works:
- Contact an attorney – Discuss your situation and learn your options.
- Investigation – Your lawyer will gather evidence, interview witnesses, and review relevant information.
- Filing the claim – Your lawyer will file the case in civil court..
- Litigation or settlement – Your lawyer will attempt to settle your case with the other party. If you can’t reach a settlement, you’ll go to trial.
The Bottom Line
Though no amount of money, nor any decision of a court, can bring back your loved one, a wrongful death lawsuit can hold the negligent parties accountable, provide financial support during a difficult time, and offer a measure of justice and closure.
If you believe your loved one’s death resulted from negligence and could have been prevented, don’t wait. The statute of limitations may slip by quietly in the background, along with your right to seek justice. Wrongful death cases don’t just protect your family, they also help prevent similar tragedies from happening to others.
Contact us today to speak with an experienced attorney who can help you understand your rights, explore your legal options, and pursue the justice your loved one deserves.