In Oklahoma, only the personal representative of the deceased’s estate may file a wrongful death claim, under 12 O.S. § 1053, within two years of the death. If none has been appointed, or the decedent lived out of state, the surviving spouse, or next of kin if there is no spouse, may file directly under 12 O.S. § 1054.
How Oklahoma Law Defines Wrongful Death
Oklahoma law defines a wrongful death as a death caused by another party’s wrongful act or omission, the same kind of conduct that would have supported a personal injury claim if the person had survived. 12 O.S. § 1053 creates this cause of action and lets the personal representative pursue it against the party responsible, or that party’s own personal representative if they have also died.
Wrongful death is a separate claim from a survival action, which recovers what the deceased could have claimed had they lived rather than what the family lost; see how a survival action differs from a wrongful death claim.
Who Can File the Claim: The Personal Representative
The personal representative of the deceased’s estate is the one who brings a wrongful death claim in Oklahoma City. This is usually whoever the deceased named as executor in a will, or, if there was no will, whoever the probate court, the Oklahoma County District Court in Oklahoma City, appoints as administrator. See the steps to become the estate’s personal representative and the probate case that typically has to open first.
If the decedent lived outside Oklahoma at the time of death, or no personal representative has yet been appointed, 12 O.S. § 1054 lets the surviving spouse file the claim directly, or the next of kin if there is no spouse.
What Your Family Can Recover, and Who Receives It
A wrongful death recovery in Oklahoma goes to specific family members named in the statute, not to the estate generally. Under § 1053(B), it includes:
- Medical and burial expenses, generally reimbursed to whoever paid them.
- Loss of consortium and grief, to the surviving spouse.
- The decedent’s mental pain and anguish before death, shared by the surviving spouse and children.
- Pecuniary loss, the income and support the decedent would have provided, shared by the surviving spouse and children based on the decedent’s age, occupation, and earning capacity.
- Grief and loss of companionship, shared by the decedent’s children and parents.
If there is no surviving spouse or child, the next of kin recover instead, in the same proportion state law assigns to personal property in an estate without a will, a concept called intestate succession; see who inherits under Oklahoma law when there’s no will. In especially reckless or intentional cases, the family may also recover punitive damages under 23 O.S. § 9.1; see how Oklahoma law values these damages for more detail.
Statute of Limitations Deadline to File
Oklahoma gives families two years from the date of death to file a wrongful death claim, under § 1053. This deadline is strict, and Oklahoma courts do not readily extend it. Because a personal representative typically has to be appointed before the case can be filed, families should begin that process as soon as they are able rather than waiting until the deadline is close.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Oklahoma?
The personal representative of the deceased’s estate files the claim. If no personal representative has been appointed, or the deceased lived out of state, the surviving spouse can file directly, or the next of kin if there is no spouse.
What is considered a wrongful death in Oklahoma?
A death caused by another party’s wrongful act or negligence, including deaths from car accidents, medical malpractice, or intentional acts such as crimes.
How long do I have to file a wrongful death lawsuit in Oklahoma?
Two years from the date of death, under 12 O.S. § 1053.
Can punitive damages be recovered in Oklahoma wrongful death lawsuits?
Yes. Oklahoma law allows punitive damages against a defendant who acted with reckless disregard for others’ safety, or intentionally and with malice, under 23 O.S. § 9.1.
Can a wrongful death claim be filed if there is no will?
Yes. Whether the deceased left a will or not, the personal representative appointed to handle the estate is the one who brings the claim; see the personal representative section above for how that appointment happens.
Who receives the money if a wrongful death claim succeeds?
Not the estate generally. Money recovered is distributed directly to the surviving spouse, children, and other next of kin, in the shares 12 O.S. § 1053 assigns to each category of damages; see “What Your Family Can Recover” above.
Talk to an Oklahoma City Wrongful Death Attorney
Sorting out who has the right to file, and making sure the deadline is met, is easier with guidance. See our full overview of filing a wrongful death claim in Oklahoma City for damages, deadlines, and what these cases typically involve. Hasbrook & Hasbrook can help identify the right personal representative and pursue the compensation the law allows; schedule a free consultation with our office to talk about your family’s situation.
