If you have lost a loved one due to someone else’s negligence in Oklahoma, understanding your legal rights is a critical first step toward justice. This guide covers Oklahoma’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Oklahoma explicitly includes grief as a recoverable damage category and imposes no caps on wrongful death damages, giving families a strong path to full compensation.
Oklahoma Wrongful Death Laws
The Oklahoma Wrongful Death Statute
Oklahoma’s wrongful death law is governed by Oklahoma Statutes Title 12 § 1053. The statute requires the Personal Representative to file on behalf of the beneficiaries.
Who Can File
The Personal Representative files on behalf of the surviving spouse, children, and parents.
Statute of Limitations
Oklahoma imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Oklahoma allows recovery for pecuniary loss, grief, loss of companionship, and funeral expenses. There are no caps on wrongful death damages in Oklahoma. The Oklahoma Supreme Court’s ruling in Beason v. I.E. Miller Services (2019) struck down the state’s $350,000 non-economic damages cap as unconstitutional. This ruling applies to all civil claims including medical malpractice wrongful death cases – there are currently no statutory caps on non-economic damages in any category of wrongful death claim in Oklahoma.
Survival Action
Oklahoma maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Oklahoma
1. Burch, George & Machado, LLP
Location: Oklahoma City, OK
Phone: (405) 239-7711
Website: https://bgmlawyers.com
A premier litigation powerhouse in Oklahoma. Because the state allows unlimited damages for grief and loss of companionship, their trial lawyers focus heavily on the emotional devastation inflicted upon the family. They are elite at handling complex aviation crashes, trucking collisions, and catastrophic oil field deaths.
2. Maples, Nix & Diesselhorst
Location: Edmond, OK (Serving the OKC Metro and statewide)
Phone: (800) 539-0652
Website: https://mapleslawfirm.com
Highly respected for complex medical malpractice and catastrophic injury deaths. Because Oklahoma has no caps, they employ top-tier medical experts to rigorously prove gross negligence and seamlessly guide the Personal Representative through both the wrongful death and survival actions.
3. McIntyre Law P.C.
Location: Oklahoma City, Tulsa, Norman, OK
Phone: (877) 917-5121
Website: https://oklahomacitypersonalinjury.com
Noble McIntyre and his team run a highly aggressive, well-resourced firm. Oklahoma has a high volume of fatal commercial trucking and highway accidents; this firm excels at deploying rapid-response investigative teams to secure crash data including black boxes and driver logs, and heavily leverages the separate survival action to secure maximum payouts for pre-death suffering.
Frequently Asked Questions
Are there caps on damages in Oklahoma?
No. Oklahoma’s Constitution has always prohibited caps on wrongful death non-economic damages. In 2019, the Oklahoma Supreme Court extended this protection in Beason v. I.E. Miller Services, Inc., ruling that the $350,000 statutory cap on non-economic damages was unconstitutional because it treated survivors of non-fatal injuries differently from wrongful death claimants. This ruling applies across all civil claims including medical malpractice wrongful death cases. There are currently no statutory caps on non-economic damages for any category of wrongful death in Oklahoma.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Oklahoma’s explicit grief recovery and no caps framework provide families with strong legal tools. The firms listed above have the resources to pursue maximum recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.