When a loved one dies due to someone else’s negligence or wrongful conduct, the legal aftermath can be confusing and emotionally overwhelming. In Oklahoma, there are two primary legal avenues that surviving family members may pursue: wrongful death claims and survival actions. Though they are related, these two types of claims serve different purposes, involve different types of damages, and may be filed by different parties.
At Koller Baker & Associates, we help grieving families across Oklahoma understand their rights and pursue justice. This blog breaks down the key differences between a wrongful death claim and a survival action so you can determine which course of action may be right for your situation.
What Is a Wrongful Death Claim?
A wrongful death claim is brought by the personal representative of the deceased person’s estate on behalf of the surviving family members. It is intended to compensate those who were harmed by the loss of their loved one, emotionally, financially, and otherwise.
According to Oklahoma Statute Title 12, Section 1053, a wrongful death occurs when a person is killed due to the wrongful act or negligence of another. These cases often arise from incidents such as:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts
Who Can File?
In Oklahoma, the personal representative of the deceased’s estate files the wrongful death lawsuit. This person is often a surviving spouse, parent, or adult child, but it may also be someone appointed by the court.
What Damages Can Be Recovered?
A wrongful death claim can seek compensation for:
- Funeral and burial expenses
- Loss of financial support and income
- Loss of companionship and guidance
- Grief and mental anguish of surviving family members
- Medical expenses related to the final injury or illness
These damages are awarded to surviving family members and are designed to address the impact the death has had on their lives.
What Is a Survival Action?
A survival action, on the other hand, is focused on the rights of the deceased individual. It seeks compensation for the harm they personally suffered before death, such as pain and suffering, medical costs, and lost wages during the time between injury and death.
The term “survival” refers to the idea that the cause of action the deceased would have had if they had lived “survives” their death and is carried forward by their estate.
Who Can File?
Like a wrongful death claim, a survival action is also filed by the personal representative of the deceased’s estate. However, the damages recovered go to the estate, not directly to the family members. These funds may then be distributed according to the deceased’s will or Oklahoma’s intestacy laws.
What Damages Can Be Recovered?
Survival actions may include compensation for:
- Pain and suffering experienced before death
- Medical bills incurred before death
- Lost wages from the time of injury until death
- Property damage related to the incident
If the death was not instantaneous, and the deceased experienced physical or emotional distress prior to passing, a survival action may be a valuable part of the legal response.
Why the Difference Matters
Understanding the distinction between these two claims is important because they serve different legal interests. A wrongful death claim addresses the losses suffered by the family, while a survival action focuses on the harm suffered by the deceased prior to passing.
In many cases, both claims are filed together, forming a more complete picture of the total loss. This ensures that all eligible damages are pursued and that justice is fully served for both the deceased and their surviving loved ones.
Contact Koller Baker & Associates Today
If you’ve lost a loved one due to negligence or wrongdoing in Oklahoma, you may be entitled to file both a wrongful death claim and a survival action. At Koller Baker & Associates, we understand the emotional toll these cases take, and we’re here to help you pursue accountability and fair compensation.
Our team has decades of experience guiding families through wrongful death litigation with compassion and strength. Contact us today for a free, confidential consultation, and let’s discuss your legal options.
