Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

An Oklahoma family has two years, the same as the injured person would have had.

Two years from death

The statute of limitations for wrongful death in Oklahoma is two years from the date of death, and the clock begins running whether or not an estate has been opened.

Compared with an injury claim

Most personal injury claims also have two years under 12 O.S. 95.

Medical malpractice

Malpractice claims generally run two years from when the patient knew or should have known of the injury, and wrongful death claims must be filed within two years of the date of death according to one summary.

Government defendants

A claim against a government entity needs notice within one year under 51 O.S. 156, then six months to sue after a denial, according to a summary of the Governmental Tort Claims Act.

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.