I am preparing to go to trial in a couple of weeks on a wrongful death action. In doing so I have written whats called a Trial Brief where you essentially let the Court know that basic issues of the case. In doing so I cited Oklahoma’s wrongful death statute. I thought I would share Oklahoma’s wrongful death statute with you in my cliff notes form. Specifically, I want to briefly discuss what the statute allows the family of the deceased to recover for damages.
Under Oklahoma’s Wrongful Death Statute, 12 O.S. §1053, the Plaintiff in a wrongful death action is entitled to recover the following damages: Medical bills, burial and funeral expenses, pain and suffering of the decedent and grief and loss of companionship of the decedent’s children and/or spouse.
This is important to know in any wrongful death action. Whether is a nursing home case, medical malpractice, car wreck, trucking accident et al., this statute in varying forms applies. You as surviving family members should keep track of all the above listed expenses as well as document your loss of companionship.