Oklahoma law provides for wrongful death under several circumstances.
In Oklahoma, a person may sue for damages on behalf of their family members or dependents in order to recover the value of their loss. They may also recover damages for pain and suffering if they can show that the decedent was a “close relative.” The statute defines close relatives as parents, grandparents, children, grandchildren, brothers or sisters, aunts or uncles.
The statute also allows an individual to bring an action on behalf of their spouse against anyone who killed another person’s child without cause. If you have been injured as a result of someone else’s negligence while driving, you may be entitled to make a claim against them in court.
Oklahoma wrongful death statute
Oklahoma’s wrongful death statute is found in section 375.3 of the Oklahoma Statutes. The statute provides that a person may recover damages for the death of another resulting from:
A willful act or omission;
An act or omission which shows reckless disregard for human life; or
An act or omission constituting a violation of the law which shows malice, wantonness, or intentional evil motive.
Oklahoma law defines a wrongful death as when someone is killed as a result of either an intentional act or a negligent act. There are two types of wrongful death cases: first-party and third-party.
First-Party Wrongful Death
In a first-party wrongful death case, the victim’s family or estate can file a lawsuit against the party responsible for their loved one’s death in order to recover damages they may have suffered. These damages could include medical bills, funeral expenses and lost wages. If the victim was insured through an employer, he or she may be eligible for benefits through the insurance company.
second-Party Wrongful Death
In a third-party wrongful death case, the victim’s family or estate can also file a lawsuit against anyone who was involved in causing their loved one’s death. The parties responsible for this incident could include:
The driver of another vehicle involved in an accident with your loved one; OR
A person who negligently caused your loved one’s injury; OR
Another entity that contributed to your loved one’s injury (such as corporate negligence).
Oklahoma Statute Tit. 18, §1301 (1) provides that:
A person who commits the crime of murder shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence or parole.
Oklahoma Statute Tit. 21 §1282 provides that if a person is convicted of an offense punishable by death and the court finds that the defendant has been previously convicted of two or more crimes which were committed while the defendant was engaged in the perpetration of, or attempt to perpetrate, any one of such offenses, the punishment for such second or subsequent conviction shall be death or life imprisonment at hard labor without benefit of parole, probation or suspension of sentence or parole.
Oklahoma Statute Tit. 22 §1302 provides that if a person is convicted of an offense punishable by death and the court finds that such person has been previously convicted within 10 years next before such commission of one other offense which carries a penalty greater than life imprisonment and which was committed while such person was engaged in the perpetration or attempted perpetration of any one offense punishable by death, such other offense shall be deemed in every respect to have been committed before such commission and shall be punished under this section as though it had been so committed.
The main Oklahoma wrongful death statute is the Oklahoma Wrongful Death Act. Under this act, a person may bring a civil action against another party who caused the death of a person through his or her negligence. The plaintiff must show that the defendant’s act or omission was proximately caused by the defendant’s negligence.
In order to make a claim under this statute, you must show that:
The deceased’s death was proximately caused by the defendant’s negligence (e.g., doing something that created an unreasonable risk of harm).
There is no other legal remedy available to you (e.g., you cannot recover damages from other sources such as insurance).
The main Oklahoma wrongful death statutes are:
1.Homicide (Title 63, Chapter 2)
2.Negligent homicide (Title 63, Chapter 5)
3.Unintentional injury (Title 63, Chapter 7)
4.Aggravated assault (Title 63, Chapter 3)
5.Assault and battery (Title 63, Chapter 4)
6.Wrongful death (Title 63, Chapters 43-44)
The Oklahoma wrongful death statute is found at Title 2, Section 6-101. The statute defines a wrongful death as follows:
“. A person is guilty of murder in the second degree when he commits an act which causes the death of another human being and which would constitute manslaughter ۔
A person who causes the death of another by the commission of an unlawful act and who had the intent to kill or injure that person, is guilty of murder in the first degree.