Determine who has the legal authority to act on behalf of the deceased person’s estate. This individual, known as the personal representative, will be responsible for managing the deceased’s estate, which includes handling financial and legal matters. The personal representative plays a key role in wrongful death cases and ensuring that all necessary legal steps are followed. Our Oklahoma City wrongful death attorneys can help you determine who the appropriate person is to file the lawsuit, should you need to do so.
Notify Relevant Parties
Inform family members, employers, financial institutions, and other relevant parties of the deceased's passing. Additionally, it is important to cancel any subscriptions, memberships, or accounts held by the deceased. This helps prevent any ongoing financial obligations or complications related to the deceased person’s estate.
Organize the Deceased's Affairs
When a loved one passes away, one of the first things you need to do is to organize their affairs. Start by locating the will or trust documents of the deceased. These documents are crucial as they outline how the deceased wanted their assets and property to be distributed. If there is no will or trust, the deceased’s estate will be handled according to Oklahoma law, which can be a lengthy and complicated process.
Next, identify and secure the deceased's assets and property. This includes bank accounts, real estate, personal belongings, and any other valuables. It's important to identify these assets to ensure they are not lost or mismanaged. This process can often be guided by the personal representative named in the will or appointed by the court if there is no will.
Consult an Oklahoma Wrongful Death Attorney
If you believe that your loved one’s death may have been caused by someone else's negligence or wrongful act, it’s essential to consult a skilled wrongful death attorney. A wrongful death attorney can guide you through the legal process, removing the burden from your family’s shoulders so you can focus on grieving and moving forward.
Determine Potential Defendants
Identify any parties whose negligence or misconduct may have led to your loved one's death. This could be individuals, businesses, or even medical professionals if there was an instance of medical malpractice. Pinpointing the responsible party is critical in building a strong wrongful death case. Your attorney will conduct an investigation to determine liability.
Calculate Damages
To pursue a successful wrongful death claim, you must calculate the damages suffered by the survivors. This includes financial losses like medical and funeral expenses, lost wages, and future income.
Emotional distress and loss of companionship are also significant factors. Quantifying these damages helps in seeking fair financial compensation through a wrongful death lawsuit. At Calvert Law Firm, we know how to properly calculate all potential damages, and we have access to economic experts who can help make sure nothing is left on the table.
File the Wrongful Death Lawsuit
When you are ready to file a wrongful death lawsuit, ensure that you meet all statutory deadlines and comply with court rules and procedures. Filing a wrongful death claim involves a detailed legal process that requires strict adherence to deadlines and legal standards.
The statute of limitations for filing a wrongful death claim in Oklahoma is typically two years from the date of death, but this can vary based on the specifics of the case. It’s important to seek legal counsel as soon as possible after the death occurs to ensure you have as much time as necessary to build and file the case.