The Difference Between Wrongful Death and Survival Actions in Oklahoma

It always feels wrong to lose a loved one before their time, but it’s even more distressing when the loss has financial consequences, for instance, when the deceased loved one was a family provider. When the death occurred due to someone else’s negligence, it’s even more devastating.

Oklahoma law offers legal remedies to family members impacted by the death, but how does the family decide if they should choose a wrongful death claim or a survival action? A wrongful death attorney in Oklahoma City can help you understand which action is right for your family’s circumstances.

What Is an Oklahoma Wrongful Death Claim?

When someone else’s careless, reckless, or intentionally wrongful actions cause physical harm to someone else, they may recover their damages through a personal injury claim. Wrongful death is a category of personal injury claim. If the circumstances of a death would have allowed the decedent to file a personal injury claim had they survived, then the decedent’s family can recover compensation for the economic and non-economic losses through a wrongful death claim against the responsible party. 

In Oklahoma, only a personal representative of the deceased may file a wrongful death claim on behalf of the surviving family members. A wrongful death lawyer can guide you through the legal requirements and help ensure your claim is filed correctly.

What Is an Oklahoma Survival Action?

Like a wrongful death claim, a survival action claim under 12 O.S. § 1051 may be appropriate if the circumstances of death could have allowed a personal injury claim. However, a survival action proceeds as if the decedent were filing the claim, with the estate as the claimant.

Survival actions sometimes begin as the victim’s personal injury claim, but if the claimant dies from their injury during the process, the claim becomes a survival action claim on behalf of their estate. A wrongful death attorney can evaluate whether a survival action or wrongful death claim is more appropriate for your situation.

Contact an Oklahoma City Wrongful Death Attorney at Dan Davis Law

Is Compensation Different in Survival Actions vs. Wrongful Death Claims?

Besides the differences in circumstances that warrant either type of action, there are also significant differences in the damages awarded in each type of claim.

Wrongful death damages typically include the following:

  • Funeral and burial expenses
  • The lost income and benefits for the remaining working years the decedent would have had remaining
  • Compensation for non-economic damages like emotional anguish, loss of companionship, and loss of guidance and support

Under Oklahoma 12 OK Stat § 12-1053, only the personal representative of the decedent’s estate may file a wrongful death claim on behalf of the family. The compensation awarded is distributed to the closest surviving family member, such as a spouse, parent, or child.

Compensation in a survival action focuses on the damages the decedent experienced before their death, often including the following:

  • Medical expenses incurred before the death
  • The decedent’s lost income between the injury and their death
  • Funeral and burial expenses
  • Compensation for the pain and suffering the decedent experienced before their death 
  • Punitive damages may be awarded if the death resulted from wrongdoing or egregious recklessness with wanton disregard for the safety of others

While the compensation awarded in a wrongful death claim goes to the closest surviving family member, survival action compensation in Oklahoma goes directly to the decedent’s estate. Then it’s distributed according to the terms of the will or the state’s intestacy laws of inheritance if the decedent doesn’t leave a will.

An experienced wrongful death attorney in Oklahoma City can help you understand which type of claim best serves your family’s interests and maximize your recovery.

How Can an Oklahoma City Wrongful Death Lawyer From Dan Davis Law Help?

It’s difficult to focus on a complex legal endeavor during the aftermath of a tragic loss, but taking purposeful action is crucial. Oklahoma allows only two years from the date of a death to take legal action. Contact an OKC wrongful death attorney from Dan Davis Law at (405) 930-4210 to learn about your legal rights and options for financial recovery.