Wrongful Death Attorneys in Oklahoma City

Trial-Ready Advocacy for Families After a Wrongful Death

Losing a loved one because of someone else’s negligence can leave your family grieving while also facing funeral expenses, lost financial support, insurance communications, and questions about whether anyone can be held accountable.

At JJ Law, our wrongful death attorneys listen to your story, investigate the circumstances of the accident, identify potentially responsible parties, evaluate available insurance, and explain your legal options under Oklahoma personal injury law. You owe our firm no legal fees unless we help you recover compensation.

What Is Wrongful Death?

A “wrongful death” occurs when a person dies because of another party’s wrongful act or omission and the deceased person could have brought a personal injury action had they survived. The personal representative maintains the action, and any recovery may benefit the estate and people identified by Oklahoma law.

Fatal incidents that may lead to a wrongful death claim in Oklahoma City include:

• Bicycle accidents
• Car accidents
• Dog attacks
• Medical malpractice
• Motorcycle accidents
• Rideshare accidents
• Slip and fall accidents
• Pedestrian accidents
• Truck accidents

Oklahoma Wrongful Death Laws

Oklahoma’s wrongful death statute is found in Title 12, Section 1053. It addresses who maintains the action and the damages that may be recovered, while other laws and the facts of the case can also affect how a claim proceeds.

The Statute of Limitations

In Oklahoma, a wrongful death lawsuit generally must be filed within two years of the individual’s death. Exceptions and fact-specific rules can affect a deadline, so it’s important to have the circumstances reviewed promptly. Building a case can require investigation, medical records, evidence preservation, and, when appropriate, analysis from qualified witnesses.

Proving Liability

To pursue a wrongful death claim, we generally must establish:

• Duty of Care: The defendant owed the deceased a duty to act reasonably, such as a driver’s duty to follow traffic laws.
• Breach of Duty: The defendant failed to meet that duty, such as by driving while intoxicated.
• Causation: The defendant’s breach caused or contributed to the death.
• Damages: The death resulted in losses recognized under Oklahoma law.

Who Can File a Wrongful Death Lawsuit?

In Oklahoma, the personal representative of the deceased person’s estate generally maintains the wrongful death lawsuit.

If the deceased person had a will, the will may name an executor to serve as personal representative. If the person died without a will, a court may appoint an administrator through estate administration. The appropriate appointment depends on the circumstances of the estate.

Although the personal representative files the suit, the recovery may be distributed among the estate and eligible surviving family members under applicable Oklahoma law. Who may benefit, and in what share, depends on family relationships, estate interests, the facts, and the governing law.