§ 1053. Wrongful death--Limitation of actions--Damages
Oklahoma Statutes AnnotatedTitle 12. Civil ProcedureEffective: November 1, 2020
Effective: November 1, 2020
12 Okl.St.Ann. § 1053
§ 1053. Wrongful death--Limitation of actions--Damages
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.
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;
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
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.
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.
Credits
R.L.1910, § 5281; 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.
12 Okl. St. Ann. § 1053, OK ST T. 12 § 1053
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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