Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Oklahoma, wrongful death claims are governed by the Oklahoma Wrongful Death Act, which can be found in Title 12, Section 1053 of the Oklahoma Statutes. This act allows the personal representative of the deceased person's estate to file a civil lawsuit seeking monetary damages from the party whose negligent, reckless, or intentional actions caused the death. The damages may include compensation for grief and loss of companionship for the surviving family members, as well as financial losses such as funeral expenses, medical bills, and loss of the deceased's expected earnings. The beneficiaries of a wrongful death claim in Oklahoma typically include the deceased's surviving spouse, children, parents, or next of kin. The statute of limitations for filing a wrongful death claim in Oklahoma is generally two years from the date of the person's death. It is important for those considering such a claim to consult with an attorney to understand the specific application of the law to their situation and to ensure that their rights are protected.