December 16, 2024 | Wrongful Death

Was your loved one killed due to the careless actions/inactions, recklessness, or negligence of another party? Your family may be entitled to compensation through a civil wrongful death lawsuit. This raises an important question: Is there a deadline to file a wrongful death claim in Oklahoma? The answer is “yes”—there is a strict two-year statute of limitations. Only very narrow exceptions apply. Our Oklahoma City wrongful death lawyer provides an overview of the statute of limitations for wrongful death lawsuits in Oklahoma.

Wrongful Death Statute of Limitations in Oklahoma: Two Years

The statute of limitations sets the deadline for filing a particular type of claim. Similar to any other type of legal claim, wrongful death lawsuits are subject to a strict statute of limitations. Wrongful death cases fall under state law. Under Oklahoma law, you generally have two years from the date of the deceased person’s death to file a wrongful death lawsuit (Okla. Stat. tit. 12, § 1053). 

What does that mean for your case? It means any wrongful death lawsuit must be filed within two years of the date of the deadly accident/incident. The entire case does not necessarily need to be wrapped up within two years, but a lawsuit must be filed. Failure to initiate a wrongful death lawsuit in a timely manner could result in the case being dismissed outright on a technicality. 

The Bottom Line: Do not wait to take action after a loved one’s fatal accident. Speak to an Oklahoma City wrongful death lawyer as soon as possible. 

Two Most Notable Exceptions to the Deadline

While the vast majority of wrongful death claims in Oklahoma are subject to the state standard two-year statute of limitations, there are some exceptions to the rule. Here are the two most common exceptions to the wrongful death statute of limitations in Oklahoma: 

  • Discovery Rule: In certain cases, the discovery rule can extend the two-year statute of limitations for filing a wrongful death claim in Oklahoma. It is a limited exception that applies when the cause of death was not immediately apparent or when survivors could not reasonably have known about the wrongful nature of the death. The deadline may begin from the date the cause was discovered or should have been discovered through reasonable diligence. For example, if a family member died due to medical malpractice but the negligence was only revealed during an autopsy months later, the statute of limitations could start from the discovery date, not the date of death.
  • All Survivors are Minors: There is another exception to the Oklahoma wrongful death statute of limitations if all of the deceased survivors were minors. When all potential beneficiaries of the wrongful death claim are minors, Oklahoma law may toll (pause) the statute of limitations until the youngest child reaches the age of 18. Minors are legally unable to file claims themselves, so this exception ensures their rights are preserved. For example, if both parents of two young children die in a car accident caused by negligence, the two-year deadline may not apply until the youngest child turns 18. However, a guardian or representative may still file on the children’s behalf earlier to protect their rights. 

A Wrongful Death Lawsuit Should Be Filed By the Personal Representative

In Oklahoma, a personal representative is generally the party that files a wrongful death lawsuit on behalf of the deceased’s estate and surviving family members. The personal representative is usually the individual named in the deceased’s will or estate plan. If no one is named, the court may appoint a representative. 

Why Trust the McGuire Law Firm for Proactive Wrongful Death Representation 

The loss of a loved one to an accident that never should have happened is a terrible and heartbreaking tragedy. Oklahoma wrongful death attorneys Kent McGuire and Linda McGuire are committed to fighting for justice and accountability for grieving families. We provide proactive representation. Our wrongful death team is prepared to handle all aspects of your civil legal case—so that you can focus your energy on grieving and healing. An initial consultation with our Oklahoma wrongful death lawyers is free, confidential, and carries no obligations. 

Schedule a Free Consultation With Our Oklahoma City Wrongful Death Lawyer Today

At McGuire Law Firm, our Oklahoma City wrongful death attorney is skilled, experienced, and compassionate. If your family member was killed in an accident caused by negligence, please do not hesitate to contact us today for a free, confidential initial consultation. Our firm represents grieving families in Oklahoma City, Tulsa, and throughout the state of Oklahoma.