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After a Fatal Car Accident: Information for Surviving Family Members

Losing a loved one is never an easy experience to cope with, even more so if it was due to an accident that could have otherwise been avoided. In addition to the emotional pain you are enduring, you might also be suffering some financial hardship as well. What should surviving family members do when they lose a loved one as a result of a negligent driver’s actions?

Who Can Pursue Compensation?

If you lost a loved one as a result of a fatal car accident, it is important that you understand who is entitled to recovering wrongful death compensation. In Oklahoma, a wrongful death lawsuit can be filed by a decedent's “personal representative."  The representative is usually the spouse of the deceased person, though it could also be a parent or child. If you have lost a loved one in a fatal car accident, contact an experienced wrongful death attorney to learn more about who is entitled to recover compensation.

Recoverable Damages

If you are eligible for compensation, you might be able to recover some of the following damages in the event that you lose a loved one in a fatal car accident:

  • Funeral and burial expenses
  • Loss of income from the decedent
  • Any medical expenses incurred as a result of the injuries that caused the fatality
  • Loss of household support
  • Loss of medical and retirement benefits
  • Other economic or non-economic losses that were sustained as a result the decedent’s passing, including mental anguish and suffering

Statute of Limitations

Additionally, there is a timeframe within a wrongful death lawsuit must be filed. This is known as the statute of limitations. In Oklahoma, a wrongful death lawsuit must be filed within two years of the deceased person’s passing, beginning on the date of the fatal accident. If this deadline passes, the court will likely refuse to hear your case, so it is crucial to seek the legal assistance of a skilled wrongful death attorney as soon as possible.

The insurance company for the at-fault party might encourage you not to get an attorney, but keep in mind that the less they have to compensate you, the better off they are. Therefore, it is in their best interest that you do not hire an attorney. Do what is right for you and your family and obtain representation to ensure you receive the fair and just compensation you deserve for your losses.

Wrongful Death Attorneys in Oklahoma

If you lost a loved one in a fatal car accident, this is undoubtedly a difficult time for you, both emotionally and financially. At Martin Jean & Jackson, our wrongful death attorneys in Oklahoma know that no amount of compensation can ever make up for your loss, but it can help make life easier as you move forward and cope with this tragic event.

Obtain the exceptional representation you need and contact us today at to request your free initial case evaluation with one of our wrongful death attorneys.