Losing a loved one is never easy, but the pain is even deeper when the loss is caused by someone else’s carelessness or wrongdoing. Oklahoma law allows surviving family members to file a wrongful death claim to seek justice and financial support after a fatal accident. These civil cases provide a path forward for those left behind.
Who Can File a Wrongful Death Claim in Oklahoma?
In Oklahoma, a personal representative of the deceased person’s estate must file the wrongful death claim. This person may be named in the will or appointed by a court.
Although the personal representative files the lawsuit, the compensation is distributed to eligible surviving family members, including:
- A spouse
- Children
- Parents
- Other dependents or next of kin in some cases
What Qualifies as a Wrongful Death in Oklahoma?
A wrongful death occurs when a person dies because of another party’s negligence, carelessness, or intentional act. This can happen in a variety of situations, such as:
- Car and truck accidents
- Motorcycle collisions
- Medical errors
- Fatal workplace incidents
- Dangerous property conditions
- Criminal acts, such as assault or homicide
- Defective or unsafe products
If the deceased would have had the right to file a personal injury claim had they survived, then their estate can file a wrongful death claim on their behalf.
What Compensation Can Families Recover?
Oklahoma law allows both economic and non-economic damages in wrongful death claims, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s income and benefits
- Loss of companionship, guidance, and care
- Pain and suffering experienced by the deceased before death
- Mental anguish experienced by the family
- Punitive damages in cases of gross negligence or intentional misconduct
The goal is to help the family recover financially and emotionally from the loss.
How Long Do You Have to File a Claim?
The statute of limitations for wrongful death claims in Oklahoma is two years from the date of death. If you miss this deadline, you may lose the right to pursue compensation.
In some cases, especially those involving government entities or medical providers, shorter notice deadlines may also apply.
Wrongful Death After a Car Accident in Oklahoma
Motor vehicle crashes are a leading cause of wrongful death across the state. If someone you love was killed in a car crash caused by a negligent driver, your family may be able to file a wrongful death claim.
Oklahoma uses a modified comparative negligence rule. As long as your loved one was less than 51% at fault, the family may recover compensation. However, the final award will be reduced by the percentage of shared fault, if any.
Workplace Fatalities and Additional Legal Action
If a worker dies on the job in Oklahoma, their family may qualify for workers’ compensation death benefits, including coverage for funeral expenses and a portion of lost wages.
If a third party—such as a contractor or equipment manufacturer—was responsible for the fatal incident, a wrongful death lawsuit can be filed in addition to workers’ compensation.
Frequently Asked Questions About Wrongful Death in Oklahoma
Can more than one person file a wrongful death claim?
No. Only the personal representative of the estate may file the lawsuit. However, multiple family members may be eligible to receive compensation from the outcome.
Can I still file a wrongful death claim if there was no criminal conviction?
Yes. A civil wrongful death case does not require criminal charges. The legal standards in civil court are different and may allow for compensation even without a conviction.
Are punitive damages possible in Oklahoma?
Yes, punitive damages may be awarded in cases involving gross negligence, reckless behavior, or intentional acts. These are designed to punish the wrongdoer and discourage future misconduct.
What if my loved one didn’t have a will?
The court can appoint a personal representative to handle the estate and file the wrongful death claim. This is typically a spouse, adult child, or close relative.
Talk to an Oklahoma Wrongful Death Lawyer
If you lost a loved one in a preventable accident, an experienced Oklahoma wrongful death attorney can help you understand your legal rights. Filing a claim may not undo the loss, but it can provide your family with much-needed financial relief and a sense of accountability. Contact a lawyer today to explore your options.