Who Can File a Wrongful Death Claim in Oklahoma
Under Okla. Stat. tit. 12, § 1053, a wrongful death action is brought by the personal representative of the deceased's estate, for the benefit of the surviving spouse, children, and next of kin. The claim allows the family to recover for the losses caused by the death, even though no amount of money can replace the person.
Damages in a Wrongful Death Case
Oklahoma wrongful death damages can include medical and funeral expenses, the deceased's pain and suffering before death, the loss of the deceased's financial support and services, and the grief, loss of companionship, and loss of consortium suffered by the survivors. Where the death resulted from reckless or intentional conduct, punitive damages may also be available.
Common Causes of Wrongful Death
Fatal car, truck, and motorcycle crashes, workplace and oilfield accidents, medical negligence, defective products, and nursing home neglect are among the leading causes of wrongful death claims in Oklahoma. Each requires a careful investigation to identify every responsible party and source of compensation.
Acting Within the Deadline
Oklahoma's wrongful death statute of limitations is generally two years from the date of death. If a government entity is involved, the Governmental Tort Claims Act requires a written notice within one year. Acting promptly protects evidence and the family's rights.
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Frequently Asked Questions
The personal representative of the deceased's estate brings the claim for the benefit of the surviving spouse, children, and next of kin under Okla. Stat. tit. 12, § 1053.
Medical and funeral costs, the deceased's pre-death pain and suffering, lost financial support, and the survivors' grief and loss of companionship. Punitive damages may apply in egregious cases.
Generally two years from the date of death, with a one-year notice deadline if a government entity is involved.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oklahoma attorney.