Losing a loved one unexpectedly is one of the most devastating experiences anyone can go through—especially when their death was caused by someone else’s negligence or misconduct. In these situations, filing a wrongful death lawsuit can help hold the responsible party accountable and provide financial support to the surviving family.
But in Oklahoma, there’s a limited amount of time to take legal action.
At Koller Baker & Associates, we help grieving families throughout Oklahoma understand their rights and pursue justice for their loved ones. With decades of experience handling wrongful death and personal injury cases, our attorneys provide the compassionate support and legal guidance you need during a difficult time.
Understanding Wrongful Death in Oklahoma
A wrongful death lawsuit is a civil claim filed when a person dies due to the negligence, carelessness, or intentional act of another party.
Common causes of wrongful death include:
- Car accidents
- Medical malpractice
- Defective products
- Workplace incidents
- Nursing home abuse or neglect
- Violent crimes
These claims are designed to compensate the surviving family members for the emotional, financial, and practical losses caused by the death of their loved one.
Oklahoma’s Statute of Limitations for Wrongful Death Claims
In Oklahoma, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death. This means you have a two-year window to initiate legal action. If you miss this deadline, the court will likely dismiss your case, no matter how strong your claim might be.
This rule is outlined in Title 12, Section 1053 of the Oklahoma Statutes.
Why This Deadline Matters
The statute of limitations may seem straightforward, but it can create serious challenges if families wait too long to act. Evidence can disappear, witnesses may become harder to locate, and the emotional strain of the loss can make it difficult to focus on legal matters.
That’s why it’s so important to consult with a wrongful death attorney as soon as possible. Early legal guidance helps ensure your case is filed on time, supported by strong evidence, and positioned for success.
Who Can File a Wrongful Death Lawsuit in Oklahoma?
Under Oklahoma law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is often a spouse, parent, adult child, or another close family member—either named in the will or appointed by the court.
Although the representative is responsible for filing the claim, the lawsuit seeks compensation on behalf of:
- The surviving spouse
- Children (including adopted children)
- Parents of the deceased
- Other legal beneficiaries
The types of compensation available can include funeral costs, medical expenses, lost income, emotional suffering, and loss of companionship.
Are There Any Exceptions?
There are very few exceptions to Oklahoma’s two-year statute of limitations for wrongful death lawsuits. In some rare cases, the deadline may be extended (or “tolled”) if the wrongful act was concealed or if the responsible party fled the state, but these circumstances are uncommon and difficult to prove.
To protect your family’s rights, it’s always best to assume that the two-year clock starts ticking immediately after your loved one’s passing.
Contact Koller Baker & Associates Today
If you’ve lost someone due to another party’s negligence, don’t wait to take legal action. At Koller Baker & Associates, we understand the emotional and legal challenges families face in the wake of a tragic loss.
Our team is here to listen, guide you through your options, and fight to hold the responsible parties accountable. Contact us today to schedule a confidential consultation and start the path toward justice.
