Paul Kouri Law, PLLC

WRONGFUL DEATH

When the death of a person is caused by the wrongful act or omission of another person, the personal representative of the deceased is entitled to sue for wrongful death damages. 

Wrongful death was not an available claim under the common law until “Lord Campbell’s Act” made it a legal claim in England in 1846. Since then, most common law based jurisdictions have adopted “wrongful death statutes.” Oklahoma’s wrongful death statute is 12 O.S. § 1053.

You have a wrongful death claim if a loved one was killed through the carelessness, negligence, or even intentional or criminal act of another person. You may be entitled to recover monetary damages to compensate for the loss caused through such acts.

Wrongful death damage include:

  • Monetary recovery to compensate for the conscious pain and suffering of the deceased
  • Medical and burial expense
  • Grief and loss of financial support, consortium, and companionship suffered by the spouse, children, and parents of the deceased
  • Punitive damages (if the death was caused by a reckless act or by an intentional, malicious act. 

Wrongful death damages belong to the categories of people listed in the wrongful death statute and do not need to be probated (although the court must allocate the damage award to the statutory wrongful death claimants.

Similar to wrongful death are “survival actions,” governed by 12 O.S. § 1051 in Oklahoma. A survivor action is different from wrongful death in that the wrongful act did not result in the death. Instead the death was cause by something else while the decedent had a personal injury claim still pending. Survival damages belong to the estate of the deceased and typically must go through probate. Survival damages are those typical for any personal injury claim:

  • Past and future pain and suffering
  • Past and future loss of income
  • Past and future medical costs
  • Physical disability or disfigurement
  • Loss of enjoyment of life
  • Scar revision surgery
  • Lost household or other “services”
  • Wrongful death damages (see wrongful death section on Homepage)
  • Punitive damages

Paul Kouri Law PLLC has handled many wrongful death actions over the years. Put our compassionate experience to work to help you navigate the awful circumstances that have you searching for a wrongful death attorney.

FREE CONSULTATION