Eligibility and Requirements for Pursuing a Wrongful Death Lawsuit
Cause of Death
You may only file a wrongful death claim when your loved one was killed by the negligent or harmful actions of another party. This does not include deaths caused by accidents or illness, but may include deaths caused by medical malpractice or car accidents.
Breach of DutyIn order to file a wrongful death claim, you will need to prove that the victim was owed a specific duty of care by the defendant. You will also need to show that the negligent actions of the other party directly led to the death of your loved one and that the death has caused damages you need to be compensated for.
Relation to Victim
In order to recover damages for the wrongful death of a loved one, you need to qualify as an eligible party. In Oklahoma, this is limited to a "personal representative" of the estate, which is often a spouse, parent, child, or sibling.