Who can file a wrongful death lawsuit in Oklahoma?

Under 12 O.S. � 1053, the action must be brought by the Personal Representative of the deceased person's estate. However, the damages recovered are distributed to the surviving spouse, children, and parents.

What damages are available?

You can recover: 1) Medical and burial expenses, 2) Loss of consortium (love and companionship) for the spouse, 3) Mental pain and anguish for spouse and children, 4) Pecuniary loss (financial support), and 5) Grief for the parents.

Oklahoma Wrongful Death Law | The Definitive Guide

Direct Answer: In Oklahoma, a wrongful death claim must be filed within two years of the date of death. It is filed by the "Personal Representative" (usually an administrator appointed by the probate court) on behalf of the surviving spouse, children, and parents.

Understanding Your Rights

No amount of money can replace a father, mother, or child. However, the civil justice system is the only mechanism we have to hold wrongdoers accountable and provide for the family left behind.

Damages: What is a Life Worth?

Oklahoma law divides damages into several categories. It is critical to hire an attorney who knows how to maximize each bucket:

Loss of Consortium: The legal term for the specific loss of a marital relationship.
Mental Pain and Anguish: Unlike many states, Oklahoma allows children and spouses to recover for their emotional suffering.
Pecuniary Loss: We hire economists to calculate exactly how much money the deceased would have earned over their remaining work-life expectancy.
Punitive Damages: If the death was caused by "reckless disregard" (like a drunk driver or a trucking company ignoring safety rules), we pursue punishment damages.

The Probate Requirement

Diagram: Estate Opened -> Personal Rep Appointed -> Lawsuit Filed

You cannot simply file a lawsuit. You must first open a probate estate to have a Personal Representative appointed. We handle this entire process for our wrongful death clients, ensuring the estate relies on the survival action properly.

Common Causes

Fatal Truck Accidents: Often involving fatigued drivers.
Medical Neglect in Jail: Ignoring withdrawal or heart conditions.
Industrial Accidents: Explosions or machinery failures.

Start Your Investigation

Confidential. No obligation. We stop evidence deletion.

Immediate Steps

Evidence disappears quickly called "Spoliation".

Request an autopsy (if not automatically done).
Do not give a recorded statement to insurance.
Secure the vehicle (if a crash involved).

Call Our Team

Related Resources

Frequently Asked Questions

Who gets the money?

It depends on the specific damages. "Mental anguish" goes to the spouse and children. "Pecuniary loss" (lost wages) typically goes to the spouse and children. "Grief" can go to the parents. A judge determines the final distribution.

What if the deceased had a will?

The will controls the distribution of the estate's assets, but wrongful death proceeds are often distinct from the estate. We will guide you through this complex interplay.

Can I sue for the death of a child?

Yes. Oklahoma allows recovery for the loss of a child, including the parents' grief and loss of companionship.

How much does this cost?

We advance all costs for filing, experts, and probate. You pay nothing unless we recover funds for the family.

Do We Take Your Wrongful Death Case?

We focus on fatalities caused by negligence. We vet every case carefully.

Fatality Confirmed

A death certificate has been (or will be) issued listing the cause of death.

Negligence →

The death was caused by another's mistake (car crash, medical error, dangerous premises).

Immediate Family →

You are a surviving spouse, parent, or child of the deceased.

I Meet These Criteria – Free Review