In Oklahoma, the personal representative of the individual whose death was caused by the wrongful act or omission of another may bring a cause of action against the negligent party. The damages recoverable include medical and burial expenses to whoever paid these expenses, which is often the estate of the individual whose wrongful death was caused by another’s negligence.
A surviving spouse is entitled to recover damages for loss of consortium and the grief suffered because of the wrongful death of a loved one. Recovery also includes damages for the mental pain and suffering by the individual whose death was caused by the negligence of another, financial loss that considers the decedent’s occupation and earning capacity, and damages for the grief and loss of companionship of the children and the parents of the decedent.
Also, the law recognizes that families of deceased loved ones are sometimes entitled to punitive and exemplary damages. A judge will determine how certain damages are to be distributed, if applicable. The law recognizes the tremendous hardship the wrongful death of a loved one can have on the family, so it provides proper and fair compensation to suffering families.