Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Losing a loved one is always painful. When that loss is caused by someone else’s careless or reckless behavior, the grief can be even more complicated to bear. In Oklahoma, wrongful death claims give families a legal path to seek justice and hold the responsible party accountable.
Whether the loss was caused by a car crash, unsafe conditions, or medical negligence, understanding your rights is the first step toward healing.
A wrongful death occurs when someone dies due to another person’s actions or negligence. If the deceased would have had the right to file a personal injury lawsuit had they lived, their representative can bring a wrongful death case on their behalf.
Under 12 OK Stat § 1053, a wrongful death occurs when the death of one is caused by the wrongful act or omission of another, and the same act would have entitled the deceased to file a personal injury lawsuit had they survived.
Common causes include car accidents, truck collisions, medical mistakes, and defective products. The law allows surviving family members to seek compensation for their emotional and financial losses.
In Oklahoma, only the personal representative of the deceased person’s estate is authorized to file the claim. This may be someone named in the will. If there is no will, the court may appoint a representative, usually the surviving spouse, an adult child, or a parent.
Oklahoma law allows spouses, children, and parents to seek compensation for grief and loss. Siblings, however, are not entitled to these non-economic damages.
The representative acts on behalf of the family and estate. They’re responsible for filing the claim and distributing any compensation in accordance with Oklahoma law.
Oklahoma allows families to recover both economic and non-economic damages in wrongful death cases. The purpose is to compensate for both the actual cash losses and the emotional cost of losing a loved one.
Here is a breakdown of the types of compensation that may be available:
Type of Damages | Description | Eligible Claimants |
| Medical & Burial Expenses | Costs incurred before and after death | Estate |
| Loss of Future Income | Estimated earnings the deceased would have made | Spouse, Children, Dependents |
| Pain and Suffering (Decedent) | Mental or physical anguish suffered before death | Estate |
| Grief and Loss | Emotional loss of companionship and support | Spouse, Parents, Children |
| Punitive Damages | Additional amounts for gross negligence or willful misconduct | Estate (if applicable) |
Wrongful death damages in Oklahoma can include medical and funeral expenses, lost future earnings, mental pain and suffering, and loss of companionship.
While financial recovery can’t undo the harm, it can ease the burdens placed on grieving families and help cover long-term needs.
Wrongful death lawsuits in Oklahoma must be filed within two years from the date of the person’s death. This is known as the statute of limitations.
The statute of limitations for wrongful death. In Oklahoma, claims typically endure two years from the date of the decedent’s death. Failure to file within this period may permanently preclude your right to compensation.
There are rare situations where the time limit can be extended, such as cases involving fraud or if the death was not immediately linked to the negligent act. Still, it’s critical to act as soon as possible to protect your rights.
To succeed in a wrongful death claim, several legal elements must be shown. These include:
Evidence such as accident reports, witness testimony, medical records, and expert opinions may be used to prove these elements.
Comparative fault may reduce your compensation if the decedent is found partially at fault. Oklahoma follows a modified comparative negligence rule with a 51% bar.
This means that if the deceased is found to be 51% or more at fault, no compensation can be recovered. If they’re less than 51% at fault, the prize is decreased by their share of culpability.
Wrongful death cases are never simple. They involve deep emotions, complex legal steps, and the need to protect your family’s future. Graves McLain Injury Lawyers brings years of experience in handling sensitive claims in Tulsa and throughout the state of Oklahoma.
The firm works on a contingency fee basis, meaning you pay nothing upfront. Legal costs are only owed if compensation is recovered. From investigating the cause of death to preparing a strong claim, the legal team helps ensure every detail is treated with attention and skill. Graves McLain Injury Lawyers is dedicated to guiding families through challenging moments with clarity, compassion, and unwavering support.
A wrongful death occurs when someone dies due to another party’s negligence, medical malpractice, or intentional actions. It’s treated as a personal injury case the person could have filed had they survived.
Only the personal representative of the deceased’s estate is authorized to file. This may be a surviving spouse, adult child, or parent, depending on whether a will has been established.
You may recover medical bills, funeral expenses, lost wages, pain and suffering, and grief compensation for spouses, children, and parents. Punitive damages may also be applicable in some instances.
The claim must be filed within two years from the date of the decedent’s death. Missing this deadline usually means the claim is barred.
Oklahoma law does not allow siblings to receive compensation for grief or emotional loss. They may still be involved in the estate but are not eligible for non-economic damages.
Oklahoma uses a modified comparative negligence rule. If the deceased was less than 51% at fault, the award may be reduced proportionally to reflect this. If more than 50% are at fault, no compensation is awarded.
Losing someone to negligence is devastating. While no legal action can bring a loved one back, a wrongful death claim helps protect your family’s future and honors your loved one’s memory.
Graves McLain Injury Lawyers helps families across Oklahoma pursue these claims with experience and care. If your family is facing a loss, you don’t have to face the process alone.
Please make an appointment for a free consultation with Graves McLain Injury Lawyers right now to find out how they can support your future.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
