Wrongful Death Lawsuits in Oklahoma

The personal representative of the person who died brings the action. If the person lived in another state at death, or if no personal representative has been appointed, the surviving spouse (or, if none, the next of kin) may bring it. Damages are distributed by category: for example, loss of consortium and grief of the surviving spouse go to the spouse; pecuniary loss goes to the spouse and children or next of kin; and grief and loss of companionship of the children and parents go to them.

Two years.

For bodily injuries occurring on or after September 1, 2025, noneconomic damages (such as pain and suffering) are capped at $500,000, no matter how many defendants or lawsuits. There is no cap for permanent and severe physical injury (such as substantial disfigurement, loss of use of a limb, or loss or substantial impairment of a major body organ or system) or an injury that leaves the person unable to care for themselves. A permanent mental injury that severely impairs the ability to work or enjoy a reasonable standard of living is capped at $1,000,000. No cap applies if the judge and jury find by clear and convincing evidence that the defendant acted with reckless disregard, gross negligence, fraud, or intent or malice. Economic damages are not capped. The cap does not apply to claims under the Governmental Tort Claims Act.