Losing a loved one is devastating under any circumstances. When that loss is caused by someone else’s negligence — a reckless driver, a careless medical provider, a negligent property owner, or a defective product — the grief is compounded by anger, confusion, and a profound sense of injustice. The person you loved is gone, and it did not have to happen.
Oklahoma law provides a path to accountability through wrongful death claims. While no legal action can undo the loss your family has suffered, holding the responsible party accountable serves the cause of justice and provides the financial security your family needs to move forward.
At Warhawk Legal, we handle wrongful death cases throughout Oklahoma City and the surrounding area with the compassion, sensitivity, and determination that grieving families deserve.
WHAT IS A WRONGFUL DEATH CLAIM IN OKLAHOMA?
A wrongful death claim is a civil lawsuit filed by the surviving family members or the estate of a person who died due to the negligence, recklessness, or intentional wrongdoing of another party. Unlike a criminal prosecution — which the state brings against the wrongdoer and can result in imprisonment — a wrongful death claim is a civil action brought by the family and is focused on financial compensation.
Oklahoma’s wrongful death statute is codified at Title 12, Section 1053 of the Oklahoma Statutes.
WHO HAS THE RIGHT TO FILE A WRONGFUL DEATH CLAIM IN OKLAHOMA?
In Oklahoma, the personal representative of the deceased person’s estate is the party who files the wrongful death lawsuit on behalf of the surviving family members. The family members who may receive compensation through a wrongful death claim in Oklahoma include the surviving spouse, the surviving children, and the surviving parents if there is no surviving spouse or children.
WHAT CAUSES OF DEATH CAN GIVE RISE TO A WRONGFUL DEATH CLAIM?
A wrongful death claim can be brought against any party whose negligence caused or contributed to the death. Common circumstances include fatal car accidents caused by reckless or impaired drivers, fatal truck accidents involving commercial vehicle negligence on Oklahoma interstates, fatal workplace accidents where an employer’s safety failures led to a worker’s death, medical malpractice resulting in a patient’s death, fatal slip and fall accidents caused by a property owner’s failure to maintain safe premises, deaths caused by defective products, and fatal criminal assaults where a property owner failed to provide adequate security.
WHAT COMPENSATION IS AVAILABLE IN AN OKLAHOMA WRONGFUL DEATH CASE?
ECONOMIC DAMAGES
Medical and hospital expenses incurred as a result of the injury that led to the death. Funeral and burial expenses. Lost financial support — the income and economic benefits the deceased would have provided to the surviving family members over their expected lifetime. Lost household services — the economic value of household services and childcare the deceased provided. Lost inheritance — the assets and wealth the deceased would have accumulated and passed on to surviving family members.
NON-ECONOMIC DAMAGES
Grief and bereavement of the surviving spouse and children. Mental pain and anguish of the surviving family members. Loss of companionship, love, affection, and society. Loss of parental guidance and nurturing for surviving children. Consortium damages for surviving spouses.
THE STATUTE OF LIMITATIONS FOR WRONGFUL DEATH IN OKLAHOMA
Oklahoma generally gives the surviving family two years from the date of the death to file a wrongful death lawsuit. This deadline is strictly enforced — miss it and you lose the right to seek compensation entirely.
If the death involved a government entity, the notice requirements are much shorter and can be as little as one year. Some government entity claims require written notice within just 90 days or the right to sue is permanently forfeited.
HOW WARHAWK LEGAL HANDLES WRONGFUL DEATH CASES
We understand that no amount of money can replace your loved one. The goal of a wrongful death claim is not to put a dollar value on a human life — it is to hold the responsible party accountable, provide your family with financial security to move forward, and obtain some measure of justice for a loss that should never have happened.
Joe Carson brings over 20 years of serious personal injury experience to every wrongful death case at Warhawk Legal. We handle the entire legal process so you can focus on your family. We work on a contingency fee basis — you pay nothing unless we recover compensation for you.
Learn about our wrongful death practice: warhawklegal.com/personal-injury/wrongful-death
See all our personal injury services: warhawklegal.com/personal-injury
Contact us today: warhawklegal.com/contact
Call (405) 397-1717. Free confidential consultation. No fee unless we recover compensation for you.