Who Can File a Wrongful Death Suit?

Losing someone you love is devastating. When that loss happens because of someone else’s negligence, the grief is mixed with frustration and confusion. It’s not just a loss—it’s a tragedy that should have never happened. Families in this situation deserve answers, accountability, and financial support to move forward.

In Oklahoma, the law allows certain family members to file a wrongful death lawsuit against the responsible party. But let’s be honest—taking legal action is probably the last thing on your mind right now. That’s where we step in. At Aizenman Law Group, our Tulsa wrongful death attorneys have helped families through these incredibly difficult times. We’re here to guide you, fight for your rights, and make sure you don’t have to go through this alone.

Who Can File a Wrongful Death Lawsuit in Oklahoma?

Wrongful death lawsuits are defined under Okla. Stat. tit. 12, § 1053. Oklahoma law states that a wrongful death claim must be filed by the personal representative of the deceased’s estate. This is typically a close family member, such as a:

Surviving spouse
Children of the deceased
Parents (if the deceased was a minor or had no children or spouse)
A court-appointed estate representative

Even though the claim is filed by the personal representative, the compensation is meant for the surviving family members who depended on the deceased for financial and emotional support.

What Is the Time Limit for Filing a Wrongful Death Lawsuit?

Oklahoma has a two-year statute of limitations for wrongful death claims. That means you have two years from the date of your loved one’s passing to file a lawsuit. While this may seem like plenty of time, waiting too long can hurt your case. Evidence can disappear, witnesses’ memories fade, and insurance companies will use delays against you. That’s why it’s critical to speak with a Tulsa wrongful death lawyer as soon as possible.

What Compensation Is Available in a Wrongful Death Case?

Filing a wrongful death claim isn’t just about holding the responsible party accountable—it’s about securing the financial support you need to rebuild your life. In Oklahoma, compensation in a wrongful death case may cover:

A wrongful death lawsuit document placed on a desk with handcuffs and a pen, symbolizing legal action and justice.

Medical expenses from the deceased’s final injury or illness.
Funeral and burial costs.
Loss of companionship and emotional support for surviving spouses and children.
Pain and suffering the deceased endured before passing.
Loss of financial support, including lost wages, benefits, and future earnings.
Emotional distress and mental anguish experienced by the surviving family members.

No amount of money can replace a loved one, but financial compensation can ease the burden, cover necessary expenses, and help provide a sense of justice.

Can You File a Wrongful Death Lawsuit for an Unborn Child?

Yes. In certain cases, Oklahoma law allows wrongful death claims involving unborn children under Okla. Stat. tit. 63, § 1-730. A wrongful death lawsuit may be possible if medical negligence or an unlawful act led to the loss of an unborn child.

Some examples include:

A doctor performing an abortion without the required consent.
Failure to verify a minor’s age or obtain parental consent for an abortion.
Misleading medical information that pressures a woman into an abortion.
Negligent prenatal care that results in fetal death.

However, Oklahoma law does not apply wrongful death claims to cases where a doctor was making a good-faith effort to save the mother’s or baby’s life. Additionally, a mother cannot be held liable for the wrongful death of her unborn child unless her actions were criminal.

Common Types of Wrongful Death Cases in Tulsa

Not every tragic loss qualifies for a wrongful death lawsuit. To file a claim, it must be proven that someone else’s negligence, recklessness, or intentional actions caused the death. Some of the most common wrongful death cases include:

Car Accidents: Drunk driving, reckless speeding, or distracted driving can all lead to deadly crashes. If a negligent driver caused your loved one’s death, they can be held responsible. Our Tulsa car accident lawyers work with police reports, witness statements, and accident reconstructions to prove fault.
Medical Malpractice: A doctor’s mistake—whether a surgical error, misdiagnosis, or prescription mistake—can have fatal consequences. Hospitals, doctors, and nurses can be held accountable for negligent care.
Workplace & Construction Accidents: Dangerous workplaces put employees at risk, especially in construction and industrial jobs. If an employer fails to follow safety regulations, a wrongful death claim may be filed.
Defective Products: Faulty car parts, medical devices, or unsafe consumer products can cause fatal injuries. If a manufacturer puts a dangerous product on the market, they can be held accountable.

Each case requires a strong legal strategy and thorough investigation. A Tulsa wrongful death attorney can help gather the necessary evidence and build a compelling case on your behalf.

Why Choose Aizenman Law Group?

We understand that no lawsuit can bring your loved one back. But filing a wrongful death claim can bring closure, accountability, and the financial security you need to move forward. At Aizenman Law Group, we have helped many families in Tulsa fight for justice and compensation after tragic losses.

We know how difficult this time is, and we’re here to handle the legal burden so you can focus on healing. You don’t have to go through this alone. Let us help you take the next step.

Wrongful death cases have strict deadlines. The sooner you act, the better chance you have at securing a successful outcome. Whether your loss was caused by a car accident, medical negligence, or workplace injury, we are ready to fight for you.

Contact our Tulsa personal injury lawyers at 918-215-8856 any time day or night for a free consultation. Our wrongful death attorneys will fight for your family’s future.