When a minor dies due to another party’s negligence, Oklahoma law approaches the matter with distinct considerations compared to cases involving adults. You retain the right to initiate a wrongful death claim, but the legal framework reflects the unique emotional and economic implications of losing a child. The evaluation extends beyond tangible financial losses, encompassing the profound personal impact experienced by your family.
Who can file the claim for a minor
You may file the claim through a personal representative, typically a parent or legal guardian. In certain circumstances, Oklahoma permits grandparents to bring the claim if the deceased was unborn. The legal structure ensures that close family members can pursue justice when negligent conduct results in a child’s death.
What types of damages you can recover
Your compensation is not confined to medical bills or burial expenses. Oklahoma law authorizes recovery for the intangible loss of a child’s companionship, emotional support, and care. These elements are considered as significant as direct financial contributions. The court also accounts for the economic value of the support, services, and future earnings the child would likely have provided in adulthood.
How the statute of limitations works for minors
Under Oklahoma law, the standard statute of limitations for wrongful death claims is two years from the date of death. However, if the individual entitled to bring the claim is a minor, this timeframe may be suspended until they reach the age of majority or until a legal guardian acts on their behalf. This provision offers flexibility and ensures that a potential claim is not prematurely barred.
In conjunction with a wrongful death action, you may also pursue a survival action. This type of claim seeks damages for the child’s pain and suffering prior to death. It is generally filed alongside a wrongful death claim to ensure that both the decedent’s suffering and the family’s loss are fully addressed.
