Wrongful Death

Under Oklahoma law, the only person who can file a wrongful death claim on behalf of your family is the personal representative of the estate, sometimes called the executor. Their job, under normal circumstances, is to carry out the will of the deceased person, settle debts and taxes, and distribute property to their heirs.

If your loved one did not leave a will, did not name a personal representative in their will, or the person named is unable to serve, the court may appoint one. Typically, they would choose a spouse, child, sibling, or other surviving family member whenever possible.

In Oklahoma, in most cases you must file a civil wrongful death lawsuit within two years, or less, of your loved one’s death. This is known as the statute of limitations.

In rare cases the statute of limitations may be even less than two years—for example, if the defendant is a government entity. Speaking with an attorney as soon as possible after your loved one’s death can help ensure you do not miss any important deadlines and can build the strongest possible legal case in the time available.

Available damages in a wrongful death case include:

• Medical expenses that were paid after your loved one was injured but before their death.
• Funeral expenses and burial expenses.
• Loss of consortium. In other words, the grief and loss of the benefits of relationship experienced by a surviving spouse.
• Mental pain and anguish experienced by close family members, in particular a surviving spouse and children. (If the deceased person did not have any surviving spouse or children, “next of kin” such as a parent or grandparent could be eligible for these damages.)
• Monetary losses experienced by close family members due to the wrongful death. For example, loss of financial support from your loved one’s salary, loss of healthcare benefits, or the cost of hiring housekeeping or childcare services that your loved one would have otherwise provided.
• Grief and loss of companionship for the children and parents of the deceased.
• If the deceased person is a child, their parents or legal guardian can recover money spent to support and educate them.

Punitive damages might also be awarded if the person or organization responsible for the wrongful act was grossly negligent, reckless, or malicious.

Wrongful death claims are paid out according to the type of damages awarded and which surviving family members or parties experienced the losses named in the suit. For example:

• Medical and burial expenses are distributed to whomever originally paid them (typically the deceased person’s estate).
• Financial losses, as well as compensation for loss of companionship, are divided according to the degree of loss suffered by each family member. In Oklahoma, the law states that the judge presiding over the case shall determine the proper distribution.
• Loss of consortium damages are paid to the surviving spouse.

In most cases, the only surviving family members eligible to receive wrongful death compensation are a spouse and children (if the deceased was an adult) or parents (if the deceased was a child). However, if a deceased adult left no spouse or children, benefits are recovered by the next of kin. This would typically be the parents (if living) or siblings (if the parents are also deceased).