Oklahoma Wrongful Death Lawyers

What Is a Wrongful Death Claim Under Oklahoma Law?

Under Oklahoma law, a wrongful death claim may arise when a person's death is caused by the wrongful act or omission of another and the deceased person could have pursued a claim for the same injury if he or she had survived.

Oklahoma's primary wrongful death statute, 12 O.S. § 1053 , provides that the wrongful death action generally may be maintained by the deceased person's personal representative.

Oklahoma law also addresses certain situations in which no personal representative has been appointed. Those circumstances are addressed separately in 12 O.S. § 1054 . Because the proper person to bring a wrongful death action can depend on the circumstances, surviving family members should not assume that each family member files a separate wrongful death lawsuit.

A wrongful death claim is a civil action. Depending on the circumstances, Oklahoma law may allow recovery for losses suffered by the deceased person's estate and certain surviving family members. The specific damages available depend on the facts of the case and the person's relationship to the deceased.

12 O.S. § 1053 also provides that a wrongful death action must generally be commenced within two years. However, other laws, notice requirements or deadlines may apply depending on who caused the death and the type of claim involved. Families should therefore avoid assuming that they always have the full two years to act.

We discuss who may bring an Oklahoma wrongful death claim, what damages may be recovered, and important filing deadlines in greater detail below.

Common Questions About Oklahoma Wrongful Death Claims

Families often have questions about who can bring a wrongful death claim, how long they have to act, what happens when responsibility is unclear, and how Oklahoma law values the losses caused by a death. The answers below provide a general starting point.

Who Can File a Wrongful Death Claim in Oklahoma?

Under 12 O.S. § 1053 , the deceased person's personal representative generally maintains the wrongful death action.

Oklahoma law also addresses situations in which no personal representative has been appointed. 12 O.S. § 1054 provides that, in the circumstances described by the statute, the action may be brought by the widow, or where there is no widow, by the deceased person's next of kin.

Because the proper person to bring the case can depend on whether an estate has been opened and on the deceased person's family circumstances, this is an issue that should be resolved early in the investigation.

How Long Do You Have to File an Oklahoma Wrongful Death Lawsuit?

Oklahoma's wrongful death statute generally requires the action to be commenced within two years. Families should not assume, however, that every legal issue arising from a death has the same deadline. Other notice requirements or time limits may apply depending on the responsible party and the type of claim involved.

Waiting can also make an investigation more difficult. Vehicles may be repaired, electronic information can be lost, surveillance recordings may be erased, witnesses can become harder to locate, and other evidence may disappear long before a lawsuit is filed.

Does There Have to Be a Criminal Charge for a Wrongful Death Claim?

No. An Oklahoma wrongful death claim is a civil action. Section 1053 applies when a death results from the wrongful act or omission of another and the deceased person could have pursued a claim for the same injury if he or she had survived.

A fatal event can therefore give rise to a civil wrongful death investigation even when no criminal charges are filed. In other cases, criminal and civil proceedings may arise from the same incident, but they are separate legal matters.

What If the Family Does Not Yet Know Exactly What Caused the Death?

Families do not always have complete answers immediately after a fatal accident or unexpected death. Important information may be held by an employer, trucking company, medical provider, manufacturer, property owner, insurance company or another organization.

A wrongful death investigation may involve accident reports, photographs, video, electronic data, medical and toxicology records, witness statements, employment records, product information, expert analysis and other evidence needed to determine what happened and who may be responsible.

What If More Than One Person or Company May Be Responsible?

Some wrongful death cases involve multiple potentially responsible parties. A commercial vehicle crash, for example, might require investigation of a driver, employer, vehicle owner, maintenance provider or another company. A dangerous-product case may involve manufacturers, distributors or retailers.

Identifying the responsible parties can also help determine what insurance coverage and other sources of recovery may be available.

How Much Is an Oklahoma Wrongful Death Case Worth?

There is no single dollar value for an Oklahoma wrongful death claim. The value depends on the facts, available evidence, applicable insurance coverage or assets, and the categories of damages allowed under Oklahoma law.

Factors may include medical and burial expenses, financial losses, the deceased person's expected contributions to the family, loss of consortium, grief, loss of companionship, and other damages recognized by 12 O.S. § 1053 . The evidence needed to establish those losses can differ substantially from one family to another.

Should a Family Speak With the Insurance Company After a Fatal Accident?

Insurance companies may begin investigating a fatal accident quickly and may request statements, documents or other information from surviving family members. An insurer may also eventually propose a settlement or request a release of claims.

Before signing a release or making decisions that could affect a wrongful death claim, a family can have an attorney review the circumstances, available insurance coverage and potential losses.

How Should a Family Choose an Oklahoma Wrongful Death Lawyer?

Wrongful death cases can involve significant financial losses, complicated evidence and deeply personal family circumstances. Families may want to ask prospective attorneys about their experience handling serious injury and wrongful death cases, prior results, litigation experience, how the case will be staffed, and how communication with the family will be handled.

Other useful questions include how attorney fees and case expenses are handled, who will have primary responsibility for the case, how frequently the family can expect updates, and whether the lawyer is prepared to pursue litigation if a fair resolution cannot be reached.

Self & Associates has published significant verdicts and settlements from serious injury and wrongful death cases. Past results cannot guarantee the outcome of another case, but reviewing actual experience can help a family evaluate the lawyers they are considering.