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Oklahoma Statutes

Okla. Stat. tit. 12, § 1055 (2026)

Death of a child

✓ current as of July 2026
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In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and burial expense, loss of anticipated services and support, loss of companionship and love of the child, destruction of parent-child relationship and loss of monies expended by parents or guardian in support, maintenance and education of such minor child, in such amount as, under all circumstances of the case, may be just. Added by Laws 1975, c. 132, § 1, eff. Oct. 1, 1975.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1976–2025 · leading case: Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983).
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Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983). · cites it 2× “1982); Okla.Stat.Ann. tit. 12 § 1055 ( West 1981 ); Or.”
Gaither by & Through Chalfin v. City of Tulsa, 664 P.2d 1026 (Okla. 1983). · cites it 3× “The action for the wrongful death of an unmarried, unemancipated minor child is permitted pursuant to 12 O.S.Supp.1975 § 1055. 1 The statute allows the recovery of damages for the wrongful death of a child which were non-existent at common law, and creates and enlarges the…”
Death of Lofton v. Green, 905 P.2d 790 (Okla. 1995). · cites it 4× “Damages recoverable for the death of a minor child are defined under Oklahoma law, 12 O.S.1991 § 1055. The section states: In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include…”
Hughes Drilling Co. v. Crawford, 697 P.2d 525 (Okla. 1985). · cites it 3× “Alleging negligence and “reckless disregard” for their son’s safety, the plaintiffs sought recovery for his wrongful death pursuant to 12 O.S.1981 § 1055. Defendant sought dismissal, arguing that plaintiffs’ son was an employee of defendant, and any claim for his death was…”
Williams v. Hook, 804 P.2d 1131 (Okla. 1991). · cites it 2× “1981 § 3 provides: "Any person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.”
Evans v. Olson, 550 P.2d 924 (Okla. 1976). “Although not controlling here, for this action was brought as of April 1, 1974, we note 12 O.S.Supp.1975, § 1055 as relating to the damages recoverable for the death of a child.”
Majors v. Good, 832 P.2d 420 (Okla. 1992). “The issue in Thomas was whether Okla.Stat. tit. 12, § 1055 (Supp.1975), should be applied retroactively.”
Clark v. Jones, 658 P.2d 1147 (Okla. 1983). “The terms of the other applicable section to be construed, 12 O.S.Supp. 1975 § 1055, are: “In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and burial expense, loss of…”
Weavel v. United States Fid. & Guar. Co., 852 P.2d 783 (Okla. Civ. App. 1992). “12 O.S.1981 § 1055: In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and burial expense, loss of anticipated services and support, loss of companionship and love of the…”
L. L. v. Newell Brands, Inc., 351 Conn. 262 (Conn. 2025). “231, § 85X (LexisNexis 2009); Okla. Stat. Ann. tit. 12, § 1055 (West 2015); R.”
Story v. McCurtain Mem'l Med. Mgmt., Inc., 634 P.2d 778 (Okla. Civ. App. 1981). “Title 12 O.S.Supp.1975, § 1055, sets out the proper measure of damages for the wrongful death of a minor child: In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and…”
In Re Amendments to Oklahoma Unif. Jury Instructions-civil, 2022 OK 75 (Okla. 2022). · cites it 2× “With respect to the items, elements and measures of damages for the death of an unmarried, minor child, see 12 O.S. 2021, § 1055. A child is entitled to support by his or her parents until the child reaches the age of eighteen years, or graduates from high school.”
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