It is always difficult to lose a loved one, and if your loved one died due to another party’s negligence or wrongdoing, the anguish can be overwhelming. In addition to your tremendous grief, you may have new financial worries if you were dependent on your deceased loved one for support.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Oklahoma law provides the right for some survivors to recover damages through a wrongful death or survival action. While money cannot bring back your family member, it can help lessen some of the financial burden you feel. At Warhawk Legal, our compassionate wrongful death lawyers in OKC can walk you through the dark days ahead and help you secure maximum compensation for your damages.
Call (405) 397-1717 or visit our contact page to schedule a free consultation to discuss your case.
Oklahoma Wrongful Death Claims
Oklahoma Statutes §12-1053(A) provides a cause of action as follows:
“When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his personal representative if he is also deceased, if the former might have maintained an action, had he lived, against the latter, or his representative, for an injury for the same act or omission. The action must be commenced within two (2) years.”
So, an Oklahoma wrongful death claim is the legal right for a deceased person’s personal representative to seek compensation for damages caused by another party’s negligence or wrongdoing. The beneficiaries of a wrongful death action are the deceased person’s surviving spouse, children, parents, or next of kin.
Oklahoma Survival Actions
A survival action in Oklahoma is based on a person’s right to file a personal injury claim, had they survived. If a personal injury victim dies with the right to file a personal injury claim, that claim “survives” their death.
An Oklahoma survival action is also brought by the deceased person’s representative for the benefit of the decedent’s estate. The proceeds from a survival action will be distributed according to the deceased person’s last will, if one exists. If there is no will, the proceeds will be distributed in accordance with the laws of the state of Oklahoma.
How a Wrongful Death Claim and a Survival Action Are Different
A wrongful death action is designed to compensate the survivors for their economic and non-economic damages incurred due to the decedent’s death. The types of compensation that may be recovered include loss of financial support the decedent would have provided, funeral and burial expenses paid by the survivors, mental and emotional pain and anguish, grief, loss of companionship, and loss of consortium.
In contrast, a survival action is designed to compensate the decedent’s estate for damages sustained by the decedent between the time of the harm and the decedent’s death. The type of damages that can be recovered in a survival action are similar to those that the decedent could have recovered had they not died. They include lost wages from the date of the injury to the date of death, loss of earning capacity, medical expenses incurred from the injuries sustained, and the pain and suffering endured by the decedent from the accident or injury.
How Warhawk Legal Can Help You
If your loved one died due to the negligence or wrongful conduct of another party, you may be entitled to recover compensation for damages. A wrongful death action can compensate survivors for damages they sustained due to the death of their loved one. And a survivor’s action can compensate the decedent’s estate through a survival action.
At Warhawk Legal, our dedicated OKC injury lawyers have the experience, skills, and resources to help you secure maximum compensation for your losses. Call (405) 397-1717 or visit our contact page and schedule a free consultation.
Who Has Standing to File an Oklahoma Wrongful Death Claim?
In Oklahoma, a wrongful death claim must be filed by the personal representative of the deceased’s estate — often the executor named in the will or an administrator appointed by the court. The claim is brought on behalf of surviving family members who suffered losses, typically including the surviving spouse, children, and parents of the deceased. If there is no will and no existing estate, the family may need to open a probate proceeding to appoint a personal representative before the claim can be filed — a step that can be coordinated alongside the injury litigation with minimal delay.
The two-year statute of limitations for Oklahoma wrongful death cases runs from the date of death, not the date of the injury that caused it. This distinction matters when a person survives an accident for days or weeks before dying from their injuries — the clock starts on the date of death. Given the complexity of probate coordination, insurance coverage disputes, and the evidence demands of a wrongful death case, retaining counsel early is essential. Warhawk Legal has represented Oklahoma families through both the legal and human dimensions of catastrophic loss — at no cost unless we recover on your behalf.
If you or a loved one has been injured, contact our experienced Oklahoma City wrongful death attorney at Warhawk Legal. We offer free consultations and only get paid when you win.