[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rbrlawfirm.com\/blog\/can-you-sue-someones-estate-for-wrongful-death\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rbrlawfirm.com\/blog\/can-you-sue-someones-estate-for-wrongful-death\/","headline":"Can You Sue Someone\u2019s Estate for Wrongful Death?","name":"Can You Sue Someone\u2019s Estate for Wrongful Death?","description":"If your loved one died because of someone else\u2019s negligence, you can file a wrongful death claim against that person to seek compensation for your suffering, losses, and expenses. But what happens if that person dies before your family can file a claim? Can you sue a dead person? The...","datePublished":"2023-12-19","dateModified":"2023-12-19","author":{"@type":"Person","@id":"https:\/\/www.rbrlawfirm.com\/blog\/author\/rbrlawfirm\/#Person","name":"Ryan Bisher Ryan & Simons","url":"https:\/\/www.rbrlawfirm.com\/blog\/author\/rbrlawfirm\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/d0925a45a81b21fd1dd057ea2aa3cf0b7862bc7e8478f659a09444e627cf1a3f?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/d0925a45a81b21fd1dd057ea2aa3cf0b7862bc7e8478f659a09444e627cf1a3f?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Ryan Bisher Ryan & Simons","logo":{"@type":"ImageObject","@id":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/06\/rbrs-logo-96x96.png","url":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/06\/rbrs-logo-96x96.png","width":96,"height":96}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2023\/12\/Can-You-Sue-Someones-Estate-for-Wrongful-Death.jpg","url":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2023\/12\/Can-You-Sue-Someones-Estate-for-Wrongful-Death.jpg","height":600,"width":600},"url":"https:\/\/www.rbrlawfirm.com\/blog\/can-you-sue-someones-estate-for-wrongful-death\/","about":["Medical Malpractice"],"wordCount":640,"articleBody":"If your loved one died because of someone else\u2019s negligence, you can file a wrongful death claim against that person to seek compensation for your suffering, losses, and expenses. But what happens if that person dies before your family can file a claim? Can you sue a dead person? The short answer is yes.What Is the Legal Definition of Wrongful Death?Oklahoma law\u00a0defines a \u201cwrongful death\u201d as one caused by the wrongful act or omission of another party. In other words, a wrongful death arises when a party causes a person’s death through negligence, recklessness, intentional acts, or other legal fault. Wrongful deaths can occur under the same circumstances that give rise to personal injury claims, such as motor vehicle accidents, medical malpractice, or assault\/criminal homicide. Crucially, a wrongful death claim does not require the at-fault party to have committed a crime.Is It Possible to Sue an Estate?Can you sue an estate for the pain and suffering of a wrongful death victim if the person who caused the death isn\u2019t alive anymore?In some cases, the person who caused someone else\u2019s wrongful death passes away before the family of their victim has had a chance to pursue a claim against them. However, Oklahoma allows the personal representative of the wrongful death victim\u2019s estate to pursue a claim against the at-fault personal representative if that person has also died. Suppose the personal representative of the wrongful death victim files a lawsuit against the at-fault person, and that person dies during litigation. In that case, the personal representative can substitute the at-fault person\u2019s estate and personal representative as the defendant in the wrongful death lawsuit.Statute of Limitations for Suing a Deceased PersonHow long do you have to sue an estate for wrongful death?In Oklahoma, the statute of limitations on wrongful death claims gives the personal representative two years from the date of the victim\u2019s death to file a lawsuit. The deadline is not affected by the at-fault party\u2019s death. Any lawsuit filed after the limitations period expires could be dismissed by the trial court, which may mean the loss of surviving family members\u2019 right to recover compensation for their loss.Proving Wrongful Death to Sue an EstateProving liability for wrongful death may necessitate reviewing a range of evidence, such as:Police crash reports or incident reportsA business\u2019s accident\/incident reportAccident scene photosSurveillance camera footageVehicle event data recorder (\u201cblack box\u201d) logsMedical recordsEyewitness testimonyAccident reconstruction, engineering, or medical expert reports and testimonyFurthermore, pursuing a wrongful death claim against an at-fault person\u2019s estate presents unique challenges. If the at-fault person doesn\u2019t have an insurance policy that covers the wrongful death claim, the wrongful death victim\u2019s representative must pursue compensation from the at-fault person\u2019s estate. Depending on how the at-fault person structured their estate plan, the recoverable assets they might have owned could have automatically passed to trusts or other parties upon their death, putting those assets out of reach in a wrongful death claim. These potential complicating factors make it critical to work with an experienced wrongful death attorney as you pursue accountability and justice on behalf of your loved one.Contact Our Wrongful Death Lawyers for HelpIf you\u2019ve lost a loved one due to the wrongful behavior of another person who has since passed away, contact Ryan Bisher Ryan and Simons. Our Oklahoma wrongful death lawyers offer free, no-obligation consultations so that you can discuss your legal options with us at no cost or risk to you.Ryan Bisher Ryan & SimonsWe are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rbrlawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can You Sue Someone\u2019s Estate for Wrongful Death?","item":"https:\/\/www.rbrlawfirm.com\/blog\/can-you-sue-someones-estate-for-wrongful-death\/#breadcrumbitem"}]}]