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Wrongful Death
What is considered a wrongful death in Oklahoma?
A wrongful death occurs when someone dies as a result of another person’s actions or failure to act. If the deceased could have filed a personal injury claim had they survived, their death may qualify as wrongful. This includes cases involving negligence, intentional harm, or professional malpractice.
Who can file a wrongful death lawsuit in Oklahoma?
Only the personal representative of the deceased person’s estate can file a wrongful death claim in Oklahoma. This may be someone named in the will. If there is no will, the court can appoint a representative, often a close family member.
Who chooses the personal representative, executor, or administrator?
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If the deceased had a will, the personal representative or executor is usually named in that document.
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If there is no will, the court will appoint an administrator—usually a spouse or adult child.
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A conservator or guardian is only appointed in special situations, such as to make decisions for minors or legally incompetent adults.
What must be proven in a wrongful death case?
To succeed in a claim, you must show that:
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The defendant owed a duty of care to the deceased
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They breached that duty
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The breach caused the person’s death
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The family suffered measurable losses as a result
How do you prove negligence?
Much like in a personal injury case, you need to show that the other party did not act with reasonable care and that their actions (or inaction) directly caused your loved one’s death. You must also demonstrate the impact that loss has had on surviving family members.
What types of damages can be recovered?
A wrongful death claim can include:
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Medical expenses related to the person’s final care
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Funeral and burial costs
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Pain and suffering before death
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Emotional distress of surviving family
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Loss of income and financial support
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Loss of companionship, guidance, and love
Frequently Asked Questions
This page is not meant to provide legal advice. Its purpose is to provide a list of frequently asked questions and general answers about personal injury.
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