Oklahoma Statutes

Okla. Stat. tit. 12, § 1053 (2026)

Wrongful death - Limitation of actions - Damages

✓ current as of July 2026

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A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission. The action must be commenced within two (2) years. B. The damages recoverable in actions for wrongful death as provided in this section shall include the following: 1. Medical and burial expenses, which shall be distributed to the person or governmental agency as defined in Section 5051.1 of

Title 63 of the Oklahoma Statutes who paid these expenses, or to the decedent's estate if paid by the estate. The provisions of this paragraph shall not apply to the cost of an abortion in actions maintained pursuant to subsection F of this section; 2. The loss of consortium and the grief of the surviving spouse, which shall be distributed to the surviving spouse; 3. The mental pain and anguish suffered by the decedent, which shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent. For the purposes of actions maintained pursuant to subsection F of this section, "next of kin" as used in this paragraph shall mean the parent or grandparent who maintained the action as provided for in paragraph 3 of subsection F of this section; 4. The pecuniary loss to the survivors based upon properly admissible evidence with regard thereto including, but not limited to, the age, occupation, earning capacity, health habits, and probable duration of the decedent's life, which must inure to the exclusive benefit of the surviving spouse and children, if any, or next of kin, and shall be distributed to them according to their pecuniary loss. For the purposes of actions maintained pursuant to subsection F of this section, "next of kin" as used in this paragraph shall mean the parent or grandparent who maintained the action as provided for in paragraph 3 of subsection F of this section; and 5. The grief and loss of companionship of the children and parents of the decedent, which shall be distributed to them according to their grief and loss of companionship. C. In proper cases, as provided by Section 9.1 of Title 23 of the Oklahoma Statutes, punitive or exemplary damages may also be recovered against the person proximately causing the wrongful death or the person's representative if such person is deceased. Such damages, if recovered, shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent. For the purposes of actions maintained pursuant to subsection F of this section, "next of kin" as used in this paragraph shall mean the parent or grandparent who maintained the action as provided for in paragraph 3 of subsection F of this section. D. Where the recovery is to be distributed according to a person's pecuniary loss or loss of companionship, the judge shall determine the proper division. E. The above-mentioned distributions shall be made after the payment of legal expenses and costs of the action. F. 1. The provisions of this section shall also be available for the death of an unborn person as defined in Section 1-730 of Title 63 of the Oklahoma Statutes.

2. The provisions of this subsection shall apply to acts which cause the death of an unborn person in utero if: a. the physician who performed the abortion or the referring physician fails to obtain and document the voluntary and informed consent of the pregnant woman pursuant to Section 1-738.2 of Title 63 of the Oklahoma Statutes, b. the pregnant woman withdraws her consent to the abortion prior to performance of the abortion, c. the pregnant woman undergoes the abortion due to coercion from a third party, d. the physician fails to obtain and document proof of age demonstrating that the pregnant woman is not a minor, or, in the case of a minor, fails to obtain: (1) parental consent to the abortion pursuant to Section 1-740.2 of Title 63 of the Oklahoma Statutes, (2) proof that the pregnant woman, although a minor, is emancipated, or (3) judicial authorization of the abortion without parental notification pursuant to Section 1-740.3 of Title 63 of the Oklahoma Statutes, e. the physician who performed the abortion causes the woman physical or psychological harm, the possibility of which she did not foresee or was not informed of at the time of her consent, f. the physician who performed the abortion fails to screen the pregnant woman and document such screening for risk factors associated with a heightened risk of adverse consequences from abortion which a reasonably prudent physician would screen for, g. the physician fails to screen the pregnant woman and document such screening for physical or psychological impairment of judgment due to factors including, but not limited to, drugs, alcohol, illness or fatigue, h. the physician fraudulently induces the pregnant woman to obtain the abortion or gives misleading or false information in response to a pregnant woman's inquiry, or i. there exist any other circumstances which violate state law. The provisions of this paragraph shall not be construed to apply to cases in which a physician licensed to practice medicine in this state attempts, in a reasonably prudent manner, to prevent the death of an unborn person or a pregnant woman. 3. A parent or grandparent of the deceased unborn person is entitled to maintain an action against the physician who caused the

death of an unborn person under the conditions provided by subparagraphs a through i of paragraph 2 of this subsection; provided, however, the parent or grandparent may not maintain such action if the parent or grandparent coerced the mother of the unborn person to abort the unborn person. 4. Liability for wrongful death by the physician under this section shall not be waived by the pregnant woman prior to performance of the abortion. A physician shall not request, orally, on a written form or in any other manner, that the pregnant woman waive the liability of the physician for wrongful death related to the abortion as a condition of performing an abortion. 5. Under no circumstances shall the mother of the unborn person be found liable for causing the death of the unborn person unless the mother has committed a crime that caused the death of the unborn person. R.L. 1910, § 5281. Amended by Laws 1925, c. 125, p. 177, § 1; Laws 1943, p. 35, § 1, emerg. eff. April 13, 1943; Laws 1978, c. 106, § 1, eff. Oct. 1, 1978; Laws 1979, c. 235, § 1, eff. Oct. 1, 1979; Laws 2005, c. 200, § 1, emerg. eff. May 20, 2005; Laws 2020, c. 149, § 2, eff. Nov. 1, 2020.

Notes of Decisions

Cited in 136 cases (15 in the last 5 years), 1953–2026 · leading case: Williams v. Hook, 804 P.2d 1131 (Okla. 1991).

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Williams v. Hook, 804 P.2d 1131 (Okla. 1991). · cites it 12× “We have reviewed the arguments on both sides and find the arguments favoring the cause of action for loss of parental consortium more persuasivewe are hard pressed to find a distinction between allowing children to recover for the loss of consortium a child suffers through the…”

Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12 (Okla. 2018). · cites it 4× “When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an…”

Ouellette v. State Farm Mut. Auto. Ins. Co., 918 P.2d 1363 (Okla. 1994). · cites it 6× “Support for this contention is drawn from the opening sentence of 12 O.S.1981 § 1053(A); "When the death of one is caused by the wrongful act or omission of another, the personal representative of the former [deceased] may maintain an action therefor against the latter…”

Roberts v. Merrill, 386 P.2d 780 (Okla. 1963). · cites it 9× “After his death his representatives could maintain their action (for wrongful death pursuant to the pertinent provisions of the Code of Civil Procedure, now designated as 12 O.S.1961 §§ 1053, 1054), but not under the Compensation Act.”

Boler v. Sec. Health Care, L.L.C., 2014 OK 80 (Okla. 2014). · cites it 4× “§ 1051 and wrongful death claims pursuant to 12 O.S. § 1053. 2 By order filed March 7, 2013, the trial judge granted both motions.”

Pino v. United States, 507 F.3d 1233 (10th Cir. 2007). · cites it 2× “200 , Section 1 (West) (codified as amended at Okla. Stat. tit. 12, § 1053 (F)). Oklahoma, thus, seems to have a strong public policy preference for claims of this nature.”

Riley v. Brown & Root, Inc., 836 P.2d 1298 (Okla. 1992). · cites it 6× “With only slight modifications Section 4313 became the current 12 O.S.1981 § 1053. Title 12 O.S.1981 § 1053 provides in relevant part: A.”

Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983). · cites it 2× “090 (1979); Okla.Stat.Ann. tit. 12 § 1053 ( West 1981 ); Va.”

Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). · cites it 3× “01 (Page 1976); Okla.Stat.Ann.tit. 12, § 1053 (West 1981); Or.”

McPhail v. Deere & Co., 529 F.3d 947 (10th Cir. 2008). “See Okla. Stat. tit. 12, § 1053 . For actions found by a jury to exhibit “reckless disregard,” the jury has the discretion to award any amount up to $100,000 or the amount awarded in actual damages, whichever is greater.”

Weeks v. Cessna Aircraft Co., 895 P.2d 731 (Okla. Civ. App. 1994). · cites it 3× “The status of Linda Hunter as ad-ministratrix of the decedent’s estate and as the proper person to institute a wrongful death action pursuant to 12 O.S.1991 § 1053 is undisputed. The singular issue on appeal is whether the trial court erred in denying Plaintiff’s request to…”

Nealis v. Baird, 1999 OK 98 (Okla. 1999). · cites it 2× “[57] 12 O.S.1991 § 1053. [58] 1976 OK 64 , 550 P.”

Show all 136 citing cases →

— Okla. Stat. tit. 12, § 1053(A) — 8 cases

Roberts v. South Oklahoma City Hosp. Trust, 742 P.2d 1077 (Okla. 1986).

Hammons v. Muskogee Med. Ctr. Auth., 697 P.2d 539 (Okla. 1985).

Ouellette v. State Farm Mut. Auto. Ins. Co., 918 P.2d 1363 (Okla. 1994). “Support for this contention is drawn from the opening sentence of 12 O.S.1981 § 1053(A); "When the death of one is caused by the wrongful act or omission of another, the personal representative of the former [deceased] may maintain an action therefor against the latter…”

Weavel v. United States Fid. & Guar. Co., 852 P.2d 783 (Okla. Civ. App. 1992).

Fowler v. Norman Mun. Hosp., 810 P.2d 822 (Okla. 1991).

— Okla. Stat. tit. 12, § 1053(B) — 5 cases

Kimberly v. DeWitt, 606 P.2d 612 (Okla. Civ. App. 1980).

Matter of Est. of Lovely, 848 P.2d 51 (Okla. Civ. App. 1993).

Forbes v. Shelter Mut. Ins. Co., 904 P.2d 159 (Okla. Civ. App. 1995).

Pope v. Wal-Mart Stores East, LP (N.D. Okla. 2021).

— Okla. Stat. tit. 12, § 1053(C) — 2 cases

Webb v. Dayton Tire & Rubber Co. Etc., 697 P.2d 519 (Okla. 1985).

King v. Kennedy (N.D. Okla. 2023).

— Okla. Stat. tit. 12, § 1053(D) — 3 cases

Matter of Est. of Lovely, 848 P.2d 51 (Okla. Civ. App. 1993).

Forbes v. Shelter Mut. Ins. Co., 904 P.2d 159 (Okla. Civ. App. 1995).

— Okla. Stat. tit. 12, § 1053(F) — 1 case

Question Submitted by: The Honorable Warren Hamilton, Oklahoma State Senate, Dist. 7, 2023 OK AG 12 (Okla. Att’y Gen. 2023).

— Okla. Stat. tit. 12, § 1053(a) — 1 case

Nelson v. Four Seasons Nursing Ctr., 934 P.2d 1104 (Okla. Civ. App. 1997).

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