Who Can File a Wrongful Death Claim in Oklahoma

By the FigureMyTax Editorial Team · How we calculate

Oklahoma has one plaintiff, the personal representative, and a broad list of losses the family can recover.

The personal representative sues

Only the personal representative of the decedent's estate can file a wrongful death claim in Oklahoma under 12 O.S. 1053.

What is recoverable

Damages include compensation for grief and loss of companionship, loss of financial support and services, medical and funeral expenses, and conscious pain and suffering experienced by the decedent before death.

Who receives what

Loss of consortium goes to the spouse, loss of parental care goes to the children, and grief is shared. Section 1055 addresses the death of a child, including parental claims for loss of services and companionship.

Punitive damages

Punitive damages may be available in proper cases.

Fault

The same modified comparative negligence rule applies. If the decedent's own negligence exceeds 50 percent, the estate cannot recover.

Official sources

• 12 O.S. § 1053 — wrongful death damages
• 23 O.S. § 13 — comparative negligence

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Oklahoma's rules apply to your specific case with a licensed Oklahoma attorney.