What is a Wrongful Death Claim in Oklahoma?


A wrongful death claim is a type of civil lawsuit filed when a person’s death is caused by another party’s wrongful act or omission, and legal guidance from a wrongful death attorney in Oklahoma can help families protect their rights. Under Oklahoma law (12 O.S. § 1053), these claims allow surviving family members to recover compensation for the losses that result from their loved one’s death.

The purpose of a wrongful death claim isn’t to punish the wrongdoer with jail time; that would be handled through criminal charges. Instead, it’s meant to provide financial support and a sense of justice to the deceased person’s family.

Common situations that can lead to a wrongful death claim include:

  • Car accidents
  • Workplace accidents
  • Defective products
  • Medical malpractice
  • Nursing home abuse
  • Dangerous property conditions
  • And more

If your loved one’s death could have been prevented, you may have legal grounds to file a claim.

Who Can File a Wrongful Death Claim in Oklahoma?

Only the personal representative of the deceased person’s estate has the authority to file a wrongful death lawsuit in Oklahoma. This individual is often named in the deceased’s will. If no will exists, the court will appoint someone to serve in this role.

Although the personal representative technically brings the claim, the damages recovered are meant for the surviving family members. The law aims to ensure that those most affected by the death receive fair compensation for their losses.

What Kinds of Damages Are Available in an Oklahoma Wrongful Death Case?

A successful wrongful death claim can result in compensation for both economic and non-economic damages, which may include:

  • Funeral and burial expenses
  • Medical costs related to the final injury or illness
  • Lost income and benefits
  • Pain and suffering of the deceased before death
  • Loss of companionship, care, and guidance
  • Emotional distress of surviving family members

In rare cases, punitive damages may also be awarded to punish egregious misconduct or negligence in wrongful death.

How Can an Oklahoma Wrongful Death Attorney Help With My Claim?

Filing a wrongful death claim in Oklahoma can be complicated and can feel impossible to handle while grieving a loved one. An experienced wrongful death lawyer in Oklahoma can help your family by:

  • Investigating the cause of death and gathering evidence
  • Working with medical and financial experts to calculate damages
  • Negotiating with insurance companies for a fair settlement
  • Filing all required paperwork within Oklahoma’s statute of limitations
  • Taking the case to trial if necessary

Having an attorney on your side ensures that your family’s rights are protected and that the responsible parties are held fully liable.

Contact Gorospe Law Group To Schedule a Free Consultation

If you’ve lost a loved one due to someone else’s actions, you deserve justice and fair compensation. A compassionate Oklahoma wrongful death attorney with Gorospe Law Group can guide you through the legal process and help you rebuild in the aftermath of tragedy.

Contact us today at (918) 582-7775 to get started with a free consultation. We work on a contingency fee basis as well, which means we only receive attorney’s fees if we win money for you.

Justice First, No Upfront Fees, Just Results! Call (918) 582-7775 or click here.