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Oklahoma law

Wrongful Death Laws in Oklahoma.

Oklahoma's wrongful-death statute (12 Okla. Stat. § 1053) permits recovery by the personal representative on behalf of the surviving spouse, children, and other statutory beneficiaries. Damages include pecuniary losses, mental anguish, loss of society and companionship, and pre-death pain and suffering. The 2-year statute of limitations runs from the date of death. Oklahoma's modified comparative fault applies.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of death12 Okla. Stat. § 95(A)(3)

Wrongful death actions must be filed within 2 years of the date of death.

State law

Key Oklahoma Statutes

Wrongful Death Act12 Okla. Stat. §§ 1053-1054

Action brought by the personal representative for the benefit of the surviving spouse, children, and statutory beneficiaries. Damages include pecuniary losses, mental anguish, loss of society and companionship, and pre-death pain and suffering.

Survival Statute12 Okla. Stat. § 1051

Causes of action survive the death of the plaintiff. Permits recovery of pre-death pain and suffering and economic losses.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oklahoma.

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