{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1053","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1053","heading":"Wrongful death - Limitation of actions - Damages","body":"A. When the death of one is caused by the wrongful act or\n\nomission of another, the personal representative of the former may\n\nmaintain an action therefor against the latter, or his or her\n\npersonal representative if he or she is also deceased, if the former\n\nmight have maintained an action, had he or she lived, against the\n\nlatter, or his or her representative, for an injury for the same act\n\nor omission. The action must be commenced within two (2) years.\n\nB. The damages recoverable in actions for wrongful death as\n\nprovided in this section shall include the following:\n\n1. Medical and burial expenses, which shall be distributed to\n\nthe person or governmental agency as defined in Section 5051.1 of\n\nTitle 63 of the Oklahoma Statutes who paid these expenses, or to the\n\ndecedent's estate if paid by the estate. The provisions of this\n\nparagraph shall not apply to the cost of an abortion in actions\n\nmaintained pursuant to subsection F of this section;\n\n2. The loss of consortium and the grief of the surviving\n\nspouse, which shall be distributed to the surviving spouse;\n\n3. The mental pain and anguish suffered by the decedent, which\n\nshall be distributed to the surviving spouse and children, if any,\n\nor next of kin in the same proportion as personal property of the\n\ndecedent. For the purposes of actions maintained pursuant to\n\nsubsection F of this section, \"next of kin\" as used in this\n\nparagraph shall mean the parent or grandparent who maintained the\n\naction as provided for in paragraph 3 of subsection F of this\n\nsection;\n\n4. The pecuniary loss to the survivors based upon properly\n\nadmissible evidence with regard thereto including, but not limited\n\nto, the age, occupation, earning capacity, health habits, and\n\nprobable duration of the decedent's life, which must inure to the\n\nexclusive benefit of the surviving spouse and children, if any, or\n\nnext of kin, and shall be distributed to them according to their\n\npecuniary loss. For the purposes of actions maintained pursuant to\n\nsubsection F of this section, \"next of kin\" as used in this\n\nparagraph shall mean the parent or grandparent who maintained the\n\naction as provided for in paragraph 3 of subsection F of this\n\nsection; and\n\n5. The grief and loss of companionship of the children and\n\nparents of the decedent, which shall be distributed to them\n\naccording to their grief and loss of companionship.\n\nC. In proper cases, as provided by Section 9.1 of Title 23 of\n\nthe Oklahoma Statutes, punitive or exemplary damages may also be\n\nrecovered against the person proximately causing the wrongful death\n\nor the person's representative if such person is deceased. Such\n\ndamages, if recovered, shall be distributed to the surviving spouse\n\nand children, if any, or next of kin in the same proportion as\n\npersonal property of the decedent. For the purposes of actions\n\nmaintained pursuant to subsection F of this section, \"next of kin\"\n\nas used in this paragraph shall mean the parent or grandparent who\n\nmaintained the action as provided for in paragraph 3 of subsection F\n\nof this section.\n\nD. Where the recovery is to be distributed according to a\n\nperson's pecuniary loss or loss of companionship, the judge shall\n\ndetermine the proper division.\n\nE. The above-mentioned distributions shall be made after the\n\npayment of legal expenses and costs of the action.\n\nF. 1. The provisions of this section shall also be available\n\nfor the death of an unborn person as defined in Section 1-730 of\n\nTitle 63 of the Oklahoma Statutes.\n\n2. The provisions of this subsection shall apply to acts which\n\ncause the death of an unborn person in utero if:\n\na. the physician who performed the abortion or the\n\nreferring physician fails to obtain and document the\n\nvoluntary and informed consent of the pregnant woman\n\npursuant to Section 1-738.2 of Title 63 of the\n\nOklahoma Statutes,\ns.\n\n2. The provisions of this subsection shall apply to acts which\n\ncause the death of an unborn person in utero if:\n\na. the physician who performed the abortion or the\n\nreferring physician fails to obtain and document the\n\nvoluntary and informed consent of the pregnant woman\n\npursuant to Section 1-738.2 of Title 63 of the\n\nOklahoma Statutes,\n\nb. the pregnant woman withdraws her consent to the\n\nabortion prior to performance of the abortion,\n\nc. the pregnant woman undergoes the abortion due to\n\ncoercion from a third party,\n\nd. the physician fails to obtain and document proof of\n\nage demonstrating that the pregnant woman is not a\n\nminor, or, in the case of a minor, fails to obtain:\n\n(1) parental consent to the abortion pursuant to\n\nSection 1-740.2 of Title 63 of the Oklahoma\n\nStatutes,\n\n(2) proof that the pregnant woman, although a minor,\n\nis emancipated, or\n\n(3) judicial authorization of the abortion without\n\nparental notification pursuant to Section 1-740.3\n\nof Title 63 of the Oklahoma Statutes,\n\ne. the physician who performed the abortion causes the\n\nwoman physical or psychological harm, the possibility\n\nof which she did not foresee or was not informed of at\n\nthe time of her consent,\n\nf. the physician who performed the abortion fails to\n\nscreen the pregnant woman and document such screening\n\nfor risk factors associated with a heightened risk of\n\nadverse consequences from abortion which a reasonably\n\nprudent physician would screen for,\n\ng. the physician fails to screen the pregnant woman and\n\ndocument such screening for physical or psychological\n\nimpairment of judgment due to factors including, but\n\nnot limited to, drugs, alcohol, illness or fatigue,\n\nh. the physician fraudulently induces the pregnant woman\n\nto obtain the abortion or gives misleading or false\n\ninformation in response to a pregnant woman's inquiry,\n\nor\n\ni. there exist any other circumstances which violate\n\nstate law.\n\nThe provisions of this paragraph shall not be construed to apply\n\nto cases in which a physician licensed to practice medicine in this\n\nstate attempts, in a reasonably prudent manner, to prevent the death\n\nof an unborn person or a pregnant woman.\n\n3. A parent or grandparent of the deceased unborn person is\n\nentitled to maintain an action against the physician who caused the\n\ndeath of an unborn person under the conditions provided by\n\nsubparagraphs a through i of paragraph 2 of this subsection;\n\nprovided, however, the parent or grandparent may not maintain such\n\naction if the parent or grandparent coerced the mother of the unborn\n\nperson to abort the unborn person.\n\n4. Liability for wrongful death by the physician under this\n\nsection shall not be waived by the pregnant woman prior to\n\nperformance of the abortion. A physician shall not request, orally,\n\non a written form or in any other manner, that the pregnant woman\n\nwaive the liability of the physician for wrongful death related to\n\nthe abortion as a condition of performing an abortion.\n\n5. Under no circumstances shall the mother of the unborn person\n\nbe found liable for causing the death of the unborn person unless\n\nthe mother has committed a crime that caused the death of the unborn\n\nperson.\n\nR.L. 1910, § 5281. Amended by Laws 1925, c. 125, p. 177, § 1; Laws\n\n1943, p. 35, § 1, emerg. eff. April 13, 1943; Laws 1978, c. 106, §\n\n1, eff. Oct. 1, 1978; Laws 1979, c. 235, § 1, eff. Oct. 1, 1979;","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9cbfa342d754eb43261721845576e182f0d06cd824227e085083034bdd0f7232","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1052","next":"us-ok/okla.-stat.-tit.-12-12-1054"},"notice":"GroundRules: Original legal text. Not legal advice."}