Oklahoma Wrongful Death Lawyer
When Someone Else's Negligence Takes a Life
Losing someone you love is devastating. When the death was caused by another person's negligence or wrongful conduct, the family is left dealing not only with grief, but often with questions about what happened, who was responsible, and what happens next.
No lawsuit can replace a spouse, parent, or child.
But Oklahoma law provides a wrongful death claim when a person's death is caused by the wrongful act or omission of another under circumstances in which the person could have maintained an action had he or she survived.
Retriever Legal, PLLC represents Oklahoma families in wrongful death claims arising from fatal accidents and other wrongful conduct.
Our role is to investigate what happened, preserve evidence, identify the responsible parties and available insurance, document the full extent of the family's loss, and pursue accountability on behalf of those left behind.
If you lost someone because of another person's negligence, talk directly with an Oklahoma attorney about what happened.
Call Retriever Legal at 918-641-4131
Request a Consultation
What Is a Wrongful Death Claim in Oklahoma?
Oklahoma's wrongful death statute is found at 12 O.S. § 1053.
A wrongful death action may arise when someone's death was caused by another person's wrongful act or omission and the deceased person could have maintained a claim for the injury had he or she survived.
In practical terms, the underlying event may involve the same negligence or wrongful conduct that would support a personal injury claim if the person had lived.
The death changes both the nature of the case and the damages Oklahoma law permits certain survivors and the estate to recover.
What Can Cause a Wrongful Death?
Wrongful death is not limited to one type of accident.
Depending upon the facts, a claim may arise from:
Car accidents
Commercial truck accidents
Motorcycle accidents
Pedestrian accidents
Dangerous property conditions
Defective products
Negligent conduct
Workplace or industrial incidents involving a legally responsible third party
Other fatal incidents caused by wrongful acts or omissions
Every case requires its own liability analysis.
A fatal accident does not automatically establish negligence. The evidence must establish a legally responsible party and connect that party's wrongful conduct to the death.
Who Can File a Wrongful Death Lawsuit in Oklahoma?
Under Oklahoma law, a wrongful death action is generally maintained by the personal representative of the deceased person's estate.
The personal representative brings the action, but the damages recovered under Oklahoma's wrongful death statute may be for the benefit of particular surviving family members or other persons identified by law.
This distinction is important.
The person legally authorized to bring the lawsuit is not necessarily the only person entitled to receive damages from the recovery.
Determining the appropriate personal representative and beneficiaries should be addressed early in the case.
What If No Personal Representative Has Been Appointed?
The need to establish the proper person to pursue the claim is one reason families should not wait until the filing deadline approaches before speaking with an attorney.
Depending upon the circumstances, probate or other court proceedings may be necessary to establish the appropriate representative.
Oklahoma law also contains provisions addressing certain situations in which no personal representative has been appointed.
The proper procedure depends upon the circumstances, so the identity of the person authorized to bring the action should be evaluated at the beginning of the case rather than assumed.
What Damages Can Be Recovered in an Oklahoma Wrongful Death Case?
Oklahoma law specifically identifies several categories of damages that may be recoverable in a wrongful death action.
The damages available depend upon the evidence and the surviving family members involved.
Potential damages include:
Medical and Burial Expenses
Medical expenses associated with the final injury and burial expenses may be recoverable.
Oklahoma law also addresses how these amounts are distributed depending upon who paid the expenses.
Loss of Consortium and Grief of the Surviving Spouse
A surviving spouse may recover damages for loss of consortium and grief.
Loss of consortium addresses the loss of the marital relationship and the benefits associated with that relationship.
Mental Pain and Anguish Suffered by the Deceased
Oklahoma's wrongful death statute permits recovery for the mental pain and anguish suffered by the deceased before death.
The evidence supporting this category can depend heavily upon the circumstances between the injury and death.
Pecuniary Loss to the Survivors
Oklahoma law permits recovery for financial or pecuniary losses suffered by qualifying survivors.
Evidence may include factors such as:
The deceased person's age
Occupation
Earnings
Earning capacity
Health
Work history
Expected remaining working life
Financial contributions to the family
Other evidence bearing upon the economic loss caused by the death
Serious wrongful death cases may require substantial financial and economic analysis to accurately document these losses.
Grief and Loss of Companionship of Children and Parents
Oklahoma law also recognizes the grief and loss of companionship suffered by the deceased person's children and parents.
These damages recognize that the loss caused by a wrongful death is not limited to lost income or funeral expenses.
Can Punitive Damages Be Recovered?
In appropriate cases, Oklahoma law permits punitive or exemplary damages in a wrongful death action when the requirements for punitive damages are independently satisfied.
Punitive damages are not available simply because a death occurred.
They depend upon the defendant's conduct and the requirements of Oklahoma law applicable to punitive damages.
How Is a Wrongful Death Settlement Divided Among Family Members?
A wrongful death recovery is not necessarily divided equally among every surviving family member.
Oklahoma law assigns particular categories of damages to particular beneficiaries.
For example, some damages belong specifically to the surviving spouse, while other categories may belong to children, parents, next of kin, the estate, or the person who paid certain expenses.
Where recovery is distributed according to a person's pecuniary loss or loss of companionship, Oklahoma law provides for the judge to determine the proper division.
Because different damages may legally belong to different people, allocation of a wrongful death settlement can require careful attention.
How Is a Wrongful Death Case Different From a Survival Claim?
A wrongful death case can involve more than one type of loss.
Oklahoma law distinguishes between claims arising from the death itself and certain claims belonging to the deceased person or the deceased person's estate that may survive death.
A wrongful death claim focuses on damages authorized by Oklahoma's wrongful death statute.
A survival claim may involve damages the deceased person sustained between the wrongful act and death.
Depending upon the circumstances, a case may involve both concepts.
This distinction can become particularly important when a person survived for some period after the initial injury, incurred medical expenses, experienced conscious pain or suffering, lost income, or sustained other damages before death.
The available claims and proper allocation of damages should be evaluated based upon the facts of the individual case.
How Long Do You Have to File a Wrongful Death Lawsuit in Oklahoma?
Oklahoma's wrongful death statute generally requires the action to be commenced within two years.
For purposes of the statutory wrongful death action, Oklahoma courts have held that the two-year period runs from the date of death, rather than the date of the underlying injury.
That does not mean a family should wait two years to investigate the case.
Evidence can disappear much sooner.
Vehicles may be repaired or destroyed.
Surveillance footage may be overwritten.
Electronic data can be lost.
Witness memories fade.
Businesses change records.
Accident scenes change.
The difference between the legal filing deadline and the practical deadline for preserving evidence can be enormous.
Different claims, defendants, governmental entities, or circumstances may also involve additional notice requirements or deadlines.
What Must Be Proven in a Wrongful Death Case?
A wrongful death case still requires proof of the underlying wrongful conduct.
In a negligence-based case, that generally means establishing the elements necessary to prove the underlying negligence claim and showing that the wrongful conduct caused the death.
Oklahoma's wrongful death statute is derivative in an important respect: the statute requires circumstances in which the deceased person could have maintained an action for the injury had he or she survived.
That makes the liability investigation just as important in a wrongful death case as in any other serious personal injury lawsuit.
What Evidence Is Important in a Wrongful Death Case?
The evidence depends upon how the death occurred.
Potential evidence can include:
Police or accident reports
Photographs
Surveillance video
Dash-camera footage
Witness statements
Vehicle electronic data
Commercial vehicle records
Cell-phone evidence
Medical records
Autopsy reports
Death certificates
Expert analysis
Employment and earnings records
Tax records
Benefit information
Evidence of household financial contributions
Evidence concerning the relationships between the deceased and surviving family members
Other evidence relevant to liability or damages
Not every category applies to every case.
The investigation should be tailored to the circumstances that caused the death.
Wrongful Death After a Car Accident
A fatal Oklahoma car accident can raise issues involving:
Driver negligence
Speed
Distracted driving
Impaired driving
Failure to yield
Unsafe lane changes
Traffic-control violations
Vehicle condition
Insurance coverage
Uninsured or underinsured motorist coverage
Other responsible parties
A wrongful death investigation should identify not only what the driver did, but also every potentially available source of compensation.
Learn More About Oklahoma Car Accident Claims →
Wrongful Death After a Commercial Truck Accident
Fatal crashes involving commercial vehicles can require a substantially broader investigation.
Depending upon the vehicle and circumstances, potentially relevant evidence may include:
Driver qualification records
Hours-of-service information
Electronic logging data
Vehicle inspection and maintenance records
Electronic control module or other vehicle data
Dispatch information
Company policies
Employment and agency relationships
Cargo information
Drug and alcohol testing records when applicable
Federal or state motor-carrier requirements when applicable
Potential defendants may extend beyond the individual driver.
Early preservation of evidence can be especially important in serious commercial vehicle cases.
Learn More About Oklahoma Truck & Commercial Vehicle Accident Claims →
What If the Person Responsible Does Not Have Enough Insurance?
A fatal accident can produce damages far exceeding the responsible driver's liability insurance limits.
When the death arises from a motor vehicle collision, the deceased person's own insurance policies and other potentially applicable policies should be examined for uninsured or underinsured motorist coverage.
The existence and amount of coverage depend upon the policies and circumstances.
A policy-limits offer from the responsible driver's insurer should therefore be evaluated in the context of the entire insurance picture before releases are signed.
Learn More About Oklahoma Uninsured & Underinsured Motorist Claims →
What If More Than One Person or Company Was Responsible?
Serious and fatal accidents can involve multiple responsible parties.
Depending upon the facts, potential defendants could include:
Individual drivers
Employers
Motor carriers
Vehicle owners
Property owners
Contractors
Product manufacturers
Businesses
Other persons or entities whose conduct contributed to the death
Identifying every responsible party can be especially important when the damages are substantial or one defendant has limited insurance coverage.
How Is the Value of a Wrongful Death Case Determined?
There is no legitimate online calculator that can determine the value of a family's wrongful death claim.
The value depends upon the facts.
Relevant considerations can include:
The strength of the liability evidence
The deceased person's age
Health
Occupation
Income
Earning capacity
Expected future earnings
Financial contributions
Medical expenses
Burial expenses
The surviving spouse's loss
The grief and loss experienced by qualifying family members
The deceased person's conscious mental pain and anguish where supported by the evidence
Available insurance coverage
Assets and other sources of recovery
The conduct of the defendant
Whether punitive damages may legally be supported
Other case-specific circumstances
A meaningful valuation requires investigation and evidence, not a formula.
How Retriever Legal Handles Wrongful Death Cases
Wrongful death cases deserve careful, deliberate investigation.
Depending upon the circumstances, Retriever Legal may:
Determine Who Is Authorized to Bring the Claim
We evaluate the appropriate personal representative and the family members or beneficiaries whose damages may be involved.
Investigate Liability
We gather available evidence concerning how the death occurred and who may be legally responsible.
Preserve Critical Evidence
When appropriate, we move quickly to identify evidence that could otherwise disappear or be destroyed.
Identify All Potential Defendants
A serious accident may involve responsibility beyond the person immediately involved in the incident.
Investigate Insurance Coverage
We examine available liability insurance and other potentially applicable coverage.
Document the Full Loss
Wrongful death damages can include both economic and deeply personal losses. We work to develop the evidence necessary to present those losses accurately.
Work With Experts When Appropriate
Depending upon the case, accident reconstructionists, physicians, economists, vocational experts, engineers, or other qualified professionals may be necessary.
Negotiate With Insurance Companies and Defendants
We present the evidence supporting liability and damages and pursue an appropriate resolution.
Litigate When Necessary
When responsibility or the value of the family's loss cannot be fairly resolved, Retriever Legal is prepared to pursue the case through litigation when appropriate.
Talk With an Oklahoma Wrongful Death Lawyer
Losing a loved one because of another person's negligence is different from an ordinary injury claim.
The family may be dealing with grief while simultaneously facing insurance questions, financial uncertainty, estate issues, and important legal deadlines.
You do not need to understand every part of the process before speaking with an attorney.
Retriever Legal can investigate what happened, identify the legal and insurance issues involved, and help your family understand the options available under Oklahoma law.
Call Retriever Legal at 918-641-4131
Request a Consultation
Learn More About Retriever Legal's Personal Injury Practice →
Frequently Asked Questions About Oklahoma Wrongful Death Claims
Who Files a Wrongful Death Lawsuit in Oklahoma?
The personal representative of the deceased person's estate generally maintains an Oklahoma wrongful death action under 12 O.S. § 1053.
The person who files the action and the persons who ultimately receive particular categories of damages are not necessarily the same.
How Long Do I Have to File?
Oklahoma's wrongful death statute generally provides a two-year filing period.
Oklahoma authority has held that the statutory period runs from the date of death.
Other claims or defendants may involve different requirements, so the particular circumstances should be evaluated promptly.
Can a Spouse Recover Damages?
Yes.
Oklahoma law specifically recognizes loss of consortium and grief of the surviving spouse, along with other damages that may apply depending upon the circumstances.
Can Children Recover for Losing a Parent?
Oklahoma's statute recognizes grief and loss of companionship of the deceased person's children, and children may also have pecuniary losses depending upon the circumstances.
Can Parents Recover for Losing an Adult Child?
Oklahoma's wrongful death statute recognizes grief and loss of companionship of the deceased person's parents. Other recoverable losses depend upon the evidence and circumstances.
Are Funeral Expenses Recoverable?
Oklahoma's wrongful death statute permits recovery of burial expenses and specifies how those amounts are distributed depending upon who paid them.
Can the Family Recover the Deceased Person's Lost Future Income?
Pecuniary loss to qualifying survivors is a recognized category of wrongful death damages.
Evidence concerning the deceased person's age, occupation, earning capacity, health, probable life expectancy, financial contributions, and other relevant circumstances may be considered.
Can We Recover for the Pain the Deceased Experienced Before Death?
Oklahoma's wrongful death statute expressly includes the deceased person's mental pain and anguish as a recoverable category of damages.
The evidence supporting that claim depends upon the circumstances of the injury and death.
What If the Deceased Person Was Partially at Fault?
Because the wrongful death action depends upon the underlying claim the deceased person could have maintained, issues affecting that underlying claim—including comparative negligence—can affect the wrongful death action.
The accident should be investigated rather than assuming that an allegation of partial fault eliminates the claim.
What If the At-Fault Driver Only Has Minimum Insurance?
Available liability limits do not necessarily define the total value of the wrongful death claim.
In a motor vehicle case, other defendants, other liability policies, and potentially applicable uninsured or underinsured motorist coverage should be investigated before determining the available sources of recovery.
How Much Does Retriever Legal Charge?
Wrongful death and other personal injury matters may be handled on a contingency-fee basis, meaning the attorney fee is based upon a percentage of the recovery rather than a traditional hourly attorney fee.
The exact fee, responsibility for case expenses, and other terms of representation are explained in the written fee agreement before representation begins.