Oklahoma City Wrongful Death Attorney

Last updated: April 10, 2025 · Published date: January 17, 2022

It is always a sad day when a loved one passes away. If your loved one’s death is due to the actions or negligence of someone else, it is tragic. You could have a valid wrongful death case.

At Hasbrook & Hasbrook, we understand the countless moving parts involved in such a case. Our Oklahoma City wrongful death attorneys can help you with your case as well.

Wrongful death lawsuits are complicated. They are only more challenging when you are dealing with the emotions of a loved one’s passing. Learn more about wrongful death compensation below. Then, contact Our Oklahoma City wrongful death attorney for a free consultation.

Table of Contents

Understanding Wrongful Death Claims in Oklahoma

A wrongful death lawsuit in Oklahoma is a civil action initiated when an individual’s death is caused by the wrongful act of another party. According to Oklahoma Statute 12 § 1053, if the deceased could have filed a personal injury claim had they survived, their representatives or survivors can pursue a wrongful death lawsuit. These lawsuits are civil cases, distinct from criminal proceedings, and aim to recover damages for the losses suffered by the deceased’s family.

The purpose of the lawsuit is to obtain the compensation the victim would have received had they lived to file a personal injury claim. Because the deceased cannot represent themselves in court, they rely on a “personal representative,” usually a family member.

Our Oklahoma City Wrongful Death Attorney Explains Who Can File a Wrongful Death Lawsuit In Oklahoma

In Oklahoma, a wrongful death claim must be initiated by the personal representative of the deceased’s estate. This representative files the lawsuit on behalf of the surviving family members. Oklahoma law is specific about who can file a wrongful death lawsuit, following a clear order of priority.

The law allows this person to be anyone able to act in the interests of the deceased. This person files a wrongful death claim on behalf of the person who has died, helping their families and next of kin receive the compensation they deserve. Our Oklahoma City wrongful death lawyer can help you with wrongful death claims.

Who Can Make Wrongful Death Claims in Oklahoma?

The personal representative can be any of the following:

A Person Named On Estate Planning Documents

Occasionally, the deceased person will name a representative on their estate planning documents – somebody tasked with caring for their financial affairs once they’re gone. Courts will typically agree that the named person on this document can serve as their representative when seeking compensation. This would be the executor named in the will.

Immediate Close Relative

Occasionally, the deceased does not have a named personal representative in their will (or the named person doesn’t want to carry out the role). In this case, the court will appoint a close relative, perhaps a spouse, child, or sibling.

A Third Party

In rare circumstances, the deceased does not have a named personal representative or any close relatives in their estate planning. However, it can still be in the public interest for the court to appoint a third party to represent the deceased and obtain compensation, usually to pay debts the deceased owes.

Legal Framework for Wrongful Death Claims in Oklahoma

Choosing a Personal Representative

The family usually agrees on the personal representative, but if not, the court may appoint one following Oklahoma’s priority order:

If there is no will, the court appoints an administrator following this priority order:

Surviving spouse
Adult children
Parents
Siblings
Adult grandchildren
Next of kin
Creditors
Any competent person

The probate court must approve the personal representative, ensuring they are over 18, have integrity, and are competent.

Statute of Limitations

In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This deadline is strictly enforced. If the defendant is a government entity, the Oklahoma Governmental Tort Claims Act applies, which requires a notice of claim to be filed within one year, with additional specific procedures to follow.

Failing to file within these time limits will likely result in the case being dismissed, regardless of its merits.

What Should You Do After a Wrongful Death in Oklahoma City?

Seek legal representation. Contact a wrongful death attorney as soon as possible. An experienced lawyer can guide you through the legal process and help protect your rights.
Obtain the death certificate. You will need the official death certificate for many of the legal and financial steps ahead. Your attorney can help you with this process.
Gather evidence. Collect any evidence related to the wrongful death, including medical records, accident reports, and witness statements. Your attorney will need this information to build your case.
Notify insurance companies. Inform the relevant insurance companies about the death. However, consult your attorney before providing detailed statements or accepting any settlements.
Keep records of expenses. Document all expenses related to the death, including funeral costs and medical bills. These can be recovered as part of the wrongful death claim.
File a wrongful death claim. Your attorney will help you file a claim within the appropriate time frame. In Oklahoma, the statute of limitations for filing a wrongful death claim is generally two years from the date of death.
Support each other. The period following a wrongful death is emotionally challenging. Support from family, friends, and professionals is very important during this time.

Types of Accidents Leading to a Wrongful Death

Wrongful death claims can arise from various accidents where negligence or intentional harm caused the death of a loved one. Common accidents include car and motorcycle crashes, pedestrian accidents, medical malpractice, nursing home abuse, truck collisions, and injuries from defective products.

Each type of accident has unique aspects that require thorough investigation and evidence collection to prove negligence and secure compensation for the survivors.

Car Accident

Car accidents are a leading cause of wrongful death claims. High-speed collisions, drunk driving incidents, and distracted driving can all result in fatalities. Speeding accidents are particularly common causes of fatal crashes.

In these cases, proving the other driver’s negligence is key to securing compensation for the deceased’s family. Witness statements, traffic camera footage, and accident reconstruction may all be essential pieces of evidence.

The aftermath of a fatal car accident can leave families facing not only emotional devastation but also substantial financial burdens.

Funeral expenses, lost income, and medical bills can accumulate quickly. An experienced wrongful death attorney can help families navigate the legal process to recover these costs and compensation for their loss.

Motorcycle Accident

Motorcycle accidents often result in severe injuries or death due to the lack of protection motorcycles offer compared to cars.

Negligent drivers failing to see motorcycles or violating their right-of-way are common causes of fatal accidents. Families of deceased motorcyclists may pursue wrongful death claims to seek justice and compensation for their loss.

Pedestrian Accident

Pedestrians struck by vehicles face a high risk of fatal injuries. Speeding, failure to yield, and distracted driving are frequently to blame. In wrongful death cases involving pedestrians, demonstrating driver negligence is essential to recovering damages.

Medical Malpractice

Medical malpractice can lead to wrongful death when healthcare professionals fail to provide the standard of care expected, resulting in a patient’s death.

Cases may involve surgical errors, misdiagnosis, or medication mistakes. Proving malpractice requires expert medical testimony to establish that care fell below acceptable standards.

Nursing Home Abuse

Wrongful death in nursing homes can occur due to abuse or neglect, including inadequate medical care, poor hygiene, or physical abuse. Oklahoma has specific laws protecting elderly residents in long-term care facilities. Families must show that the facility’s negligence directly led to their loved one’s death to claim compensation.

Truck Accident

Due to their size and weight, truck accidents can cause devastating fatalities. These cases often involve complex regulations governing the trucking industry, requiring specialized legal knowledge to navigate.

Product Liability Claim

Defective products can cause death due to design flaws, manufacturing errors, or inadequate warnings. Families can hold manufacturers accountable through wrongful death product liability claims, demanding compensation for their loss and suffering.

Workplace Accidents

Workplace fatalities are particularly common in Oklahoma’s energy sector, including oilfields, refineries, and construction sites. These cases often involve workers’ compensation laws but may also include third-party liability claims when entities other than the employer contributed to the death.

Premises Liability

Unsafe property conditions can lead to fatal accidents. Property owners have a duty to maintain safe premises. Examples include fatal slip and fall accidents, swimming pool drownings, or falling objects. Families must prove the property owner knew or should have known about the hazardous condition.

Criminal Acts

Intentional acts of violence resulting in death can lead to both criminal prosecution and civil wrongful death lawsuits. The civil case can proceed regardless of the outcome of any criminal proceedings and has a lower burden of proof (preponderance of evidence versus beyond reasonable doubt).

Dog Bites and Animal Attacks

Oklahoma has specific statutes governing owner liability for animal attacks that result in death. These cases typically focus on the owner’s knowledge of the animal’s dangerous propensities and whether proper restraints or warnings were provided.

What Types Of Damages Does Wrongful Death In Oklahoma Cover?

What Damages Can You Recover in a Wrongful Death Claim?

Oklahoma statute (Title 12, §12-1053) determines what you can claim as part of your lawsuit. The statute permits the following types of damages:

Medical care and burial expenses
The grief and loss of companionship
The mental pain and anguish suffered by surviving parties
Any financial loss of the survivors

Losing a loved one to wrongful death can be extraordinarily expensive. Not only must the court consider the death’s direct medical and burial costs, but they must also consider the financial loss, such as lost wages and benefits that would have accrued to survivors had the deceased survived.

There are Two Types of Compensatory Damages the Court Will Award

Economic Damages

Economic damages include compensation for the material loss incurred by the deceased and their survivors due to the defendant’s negligence.

Often, these include payment of a precise dollar amount, such as costs involved with caring for the victim and processing their body following their death. It also provides for the proportion of their future wages and benefits that would have accrued to surviving family members.

Specific economic damages include:

Medical expenses related to the fatal injury or illness
Funeral and burial costs
Lost income and future earning potential
Loss of benefits like health insurance and retirement funds
Property damage related to the incident

Non-Economic Damages

Non-economic damages include intangible losses intended to cover mental anguish and pain, for which there is no direct dollar cost. These damages include:

Loss of consortium for the surviving spouse
Grief and mental suffering of family members
Loss of companionship, guidance, and nurturing
Pain and suffering the deceased experienced before death

Let us guide you as you pursue compensation following a wrongful act.

Punitive Damages in Wrongful Death Cases

Some courts will also apply punitive damages designed to punish the offending party, helping survivors gain additional compensation. Oklahoma allows punitive damages in cases involving gross negligence, recklessness, or intentional misconduct.

Under Oklahoma Statute 23 § 9.1, punitive damages are capped at:

$100,000 or the amount of actual damages awarded (whichever is greater) if the defendant was merely negligent
Up to $500,000 or twice the amount of actual damages for reckless disregard
No cap for intentional and malicious acts

Contact our wrongful death attorneys for a free consultation.

Distribution of Damages in Oklahoma

In Oklahoma, the court determines how damages are distributed among beneficiaries based on their individual losses. The process works as follows:

The personal representative collects any awarded damages
Legal fees and case expenses are deducted
Medical and burial expenses are reimbursed
The remaining compensation is distributed to eligible beneficiaries according to:
- The deceased’s will, if one exists
- Oklahoma’s intestate succession laws if there is no will
- A court-approved distribution plan if beneficiaries disagree

If minor children are beneficiaries, their portion may be placed in a trust or guardianship account until they reach adulthood. For cases where a person dies without a spouse, children, or will, Oklahoma has specific inheritance laws that determine distribution.

Oklahoma’s Comparative Fault Rules

Oklahoma follows a modified comparative negligence system with a 51% bar to recovery. This means:

If the deceased is found to be 50% or less at fault, the family can recover damages reduced by the deceased’s percentage of fault
If the deceased is found to be 51% or more at fault, the family cannot recover any damages

For example, if the total damages were $100,000 and the deceased was 30% at fault, the recovery would be limited to $70,000.

This rule makes it critical to have skilled legal representation to counter any allegations that your loved one was primarily responsible for the accident that caused their death.

Steps in the Oklahoma Wrongful Death Claim Process

Initial Consultation: Meeting with an Oklahoma wrongful death attorney to evaluate the case
Estate Opening: Establishing the deceased’s estate and appointing a personal representative
Investigation: Gathering evidence, including police reports, medical records, witness statements, and expert opinions
Filing the Petition: Submitting the formal wrongful death petition to the appropriate Oklahoma county court
Discovery: Exchanging information with the defendant through interrogatories, depositions, and document requests
Settlement Negotiations: Attempting to reach a fair settlement through direct negotiations or mediation
Trial: Presenting the case before an Oklahoma judge or jury if settlement efforts fail
Distribution Hearing: Court approval of the distribution plan for any awarded damages

Understanding the costs of filing a personal injury lawsuit is important when considering legal action in wrongful death cases.

Dealing with Oklahoma Insurance Companies

Oklahoma insurance companies often attempt to minimize payouts in wrongful death claims. They may:

Offer quick but inadequate settlements
Request recorded statements that could be used against the claim
Dispute liability or argue comparative negligence
Delay processing to pressure families into accepting less

Working with an experienced Oklahoma personal injury lawyer can help protect your rights when dealing with insurance companies. They can handle all communications and negotiations while you focus on grieving.

Wrongful Death Cases Statistics In Oklahoma City

Accidents caused a considerable number of deaths in the city, according to Oklahoma State Department of Health data.

Oklahoma Wrongful Deaths By the Numbers

The Oklahoma City metro area encompasses ten counties. We report the statistics for each county, the metro area, and the entire state for 2018 – the most recent year for which figures are available.

Canadian: 84 deaths
Cleveland: 95 deaths
Grady: 38 deaths
Kingfisher: 6 deaths
Lincoln: 18 deaths
Logan: 16 deaths
McClain: 19 deaths
Oklahoma: 406 deaths
Payne: 23 deaths
Pottawatomie: 41 deaths

The total number of accidental deaths in the Oklahoma City metro area was 741. Total statewide unintentional deaths totaled 2,612 in 2018.

The Oklahoma State Department for Health breaks down the accidental death data into two subcategories: transport and non-transport. In total, 751 people died in transport accidents in 2018 and 1,861 in non-transport accidents statewide.

Accidental exposure to smoke, fire, and flames accounted for 77 deaths statewide. The unintentional discharge of firearms led to less than five deaths and drowning and submersion to 74. Finally, 682 people died statewide in 2018 from accidental poisoning and exposure to harmful substances.

According to the CDC, in 2016, 39.5 million physician office visits for unintentional injuries occurred across the US, and more than 29.4 million emergency department visits occurred.

Our law firm provides high-quality wrongful death lawyer services to help you with wrongful death claims. Contact our Oklahoma wrongful death lawyers to discuss a civil wrongful death lawsuit.

Frequently Asked Questions About Wrongful Death Claims

Who can file a wrongful death claim in Oklahoma?

Only the personal representative of the deceased's estate can file the claim. This representative pursues the case on behalf of surviving family members including spouses, children, and parents. If the deceased had a will, the named executor typically serves as the personal representative. Otherwise, the court will appoint an administrator.

What is the time limit for filing a wrongful death lawsuit in Oklahoma?

Two years from the date of death for most cases (statute of limitations). One year to file a notice of claim if suing a government entity or public agency. Certain exceptions may apply that can extend or limit these timeframes, so consulting with an attorney promptly is essential.

What types of damages can be recovered in an Oklahoma wrongful death case?

Economic damages: Medical expenses before death, funeral and burial costs, lost wages and future income, loss of benefits and inheritance. Non-economic damages: Loss of companionship, grief and mental anguish, loss of guidance and support. Punitive damages: May be awarded in cases involving gross negligence or willful disregard for safety. Oklahoma does not cap compensatory damages.

How are wrongful death settlements taxed in Oklahoma?

Compensation for emotional suffering, pain and suffering, and loss of companionship is generally not taxable under federal or Oklahoma state law. Portions representing lost income or punitive damages may be taxable. Each beneficiary should consult with a tax professional regarding their specific settlement distribution.

Can I file a wrongful death claim if the deceased didn’t have a will?

Yes. The court will appoint an administrator to serve as the personal representative if there is no will. Oklahoma intestate succession laws will determine how any recovery is distributed among surviving family members. The court typically prioritizes surviving spouses, children, and parents when appointing an administrator.

How long do wrongful death cases take in Oklahoma?

Timeframes vary significantly, typically ranging from 1-3 years. Factors affecting duration include: case complexity, evidence availability, number of parties involved, court docket congestion, and whether the case settles or proceeds to trial. Cases that settle through negotiation generally resolve faster than those requiring a full trial

What if the person responsible for the death faces criminal charges?

A wrongful death lawsuit (civil case) can proceed independently of any criminal proceedings. The civil case might be temporarily stayed until the criminal case concludes. The burden of proof is lower in civil cases ("greater weight of the evidence") than in criminal cases ("beyond a reasonable doubt"). A criminal conviction can strengthen a wrongful death claim, but a criminal acquittal does not prevent success in a civil lawsuit.

Get An Oklahoma City Wrongful Death Attorney To Help With Your Claim Today

Do you suspect that the death of a loved one resulted from the negligence of another? If you do, you need a legal team with experience handling wrongful death claims.

At Hasbrook & Hasbrook, we would be honored to help you with your wrongful death suit. We want you to focus on honoring the memory of your loved one. Let our legal team handle the legal issues on your behalf. Our Oklahoma City wrongful death attorneys can help you craft a successful claim.

If you are looking for a legal professional to help you with your wrongful death claim, call us today for a consultation. We can help you file a civil lawsuit and wrongful death claim compensation for the damages you have incurred.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.