When someone passes away because of another person’s negligence, Oklahoma law allows family members to seek compensation through either a wrongful death claim or a survival action. While these terms are often used together, they are not exactly the same. The main difference lies in who benefits from the claim and what types of losses are compensated.
A wrongful death claim compensates surviving family members for the losses they personally experience as a result of the death. A survival action, on the other hand, seeks damages for the estate that the deceased could have recovered had they lived.
Learning about these differences is crucial, and if you are considering legal action after a loved one’s death in Oklahoma, our wrongful death attorneys in Tulsa can help families protect their rights.
Wrongful Death Claims in Oklahoma
A wrongful death claim is governed by Oklahoma Statutes Title 12, §1053, which gives the deceased person’s personal representative the right to file a lawsuit on behalf of surviving family members. This claim focuses on the harm suffered by the family due to the loss of their loved one.
Recoverable damages in a wrongful death claim may include:
- Funeral and burial expenses
- Loss of financial support and benefits
- Loss of companionship and guidance
- Mental pain and suffering of surviving family members
The proceeds from a wrongful death claim are typically distributed directly to surviving beneficiaries, such as the spouse and children of the deceased. The purpose is to provide financial and emotional relief for the family’s suffering.
Survival Actions in Oklahoma
A survival action, authorized under Oklahoma Statutes Title 12, §1051, is a claim that “survives” the death of the injured person. Instead of focusing on the family’s losses, it compensates the estate for the injuries and suffering the deceased endured before death.
For example, if a person was injured in a car accident and lived for several days before passing away, the estate can file a survival action to recover for:
- Medical expenses from the date of injury to the date of death
- Lost wages for the time between injury and death
- Pain and suffering experienced before death
Any recovery from a survival action becomes part of the deceased’s estate and is distributed according to their will or Oklahoma’s intestacy laws if no will exists.
Key Differences Between Wrongful Death and Survival Actions
While both actions can arise from the same event, they serve different legal purposes:
- Who benefits: Wrongful death damages go to the surviving family members, while survival action damages go to the deceased’s estate.
- What’s compensated: Wrongful death claims cover the family’s losses; survival actions cover the decedent’s pre-death damages.
- Distribution: Wrongful death proceeds bypass the estate and go directly to beneficiaries; survival action proceeds are distributed through the estate.
Since both types of claims may be filed together, it’s common for them to proceed as part of the same lawsuit in Oklahoma courts.
Schedule a Free Consultation With Gorospe Law Group
Losing a loved one is never easy, and understanding your legal rights afterward can feel impossible. If someone’s actions (or omissions) caused the death of your family member, you may be entitled to recover compensation through one or both of these legal actions.
An experienced Oklahoma wrongful death lawyer with Gorospe Law Group can pursue one or both of these claims on your behalf if available. Call (918) 582-7775 or contact us online to schedule a free consultation and get started with your case.