Oklahoma · Wrongful death · Updated
Wrongful death cases in Oklahoma: the rules and the lawyers
The deadline to file, the fault rule and the other Oklahoma rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
Below the rules: the firms we list in Oklahoma that take wrongful death cases, by city, in A–Z order.
At a glance
Checked 7 Nov 2026 · Not legal advice
Deadline to file
2 years
In Oklahoma, a wrongful-death action brought by the personal representative “must be commenced within two (2) years”1.
That is the deadline for wrongful death cases. The usual deadline for other injury claims in Oklahoma is 2 years.
If you were partly at fault
Barred above 50%
In Oklahoma, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
Firms we list
1 firm
Firms with an office in Oklahoma that say they take wrongful death cases, in 1 city. See them by city
Know this first
Step 1: Two years to file in court
2 yearsfor most injury lawsuits
In Oklahoma, most injury lawsuits must be filed in court within two years3.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
In Oklahoma, an action for injury to the rights of another not arising on contract must be brought within two years after the cause of action accrues3. Wrongful death, medical negligence, legal disability and claims against the state or a political subdivision each have their own statute, listed below.
The law, as written
Personal injury2 years
In Oklahoma, “an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated” must be brought within two years after the cause of action accrues3.
If a family member died
Step 2: If someone died
A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.
The law, as written
Wrongful death2 years
In Oklahoma, a wrongful-death action brought by the personal representative “must be commenced within two (2) years”1.
If a government body was involved
Step 3: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the state or a political subdivision: notice1 year after loss
Under the Oklahoma Governmental Tort Claims Act, a claim against the state or a political subdivision “shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs”4.
More detail
In Oklahoma, a claim against the state is filed in writing with the Office of the Risk Management Administrator of the Office of Management and Enterprise Services4; a claim against a political subdivision is filed in writing with the office of the clerk of the governing body4.
In Oklahoma, the notice must state the date, time, place and circumstances of the claim, the amount demanded and the Medicare Secondary Payer reporting information, and a personal-injury notice must list all treating providers with a HIPAA-compliant authorization for each; omissions do not invalidate the notice unless the claimant refuses to supply the information after demand4.
In Oklahoma, the notice period does not include time the injured person is incapacitated by the injury, up to 90 days4. For a wrongful-death claim, the personal representative may present notice “within one (1) year after the death occurs”4.
Claims against the state or a political subdivision: suit180 days after denial
Under the Oklahoma Governmental Tort Claims Act, a claim is deemed denied if it is not approved in its entirety within 90 days5, and suit must be “commenced within one hundred eighty (180) days after denial of the claim”5.
More detail
In Oklahoma, settlement negotiations do not extend the date of denial unless agreed in writing, and a written extension of the time to sue may not run longer than two years from the date of the loss5.
How fault is counted
Step 4: If you were partly at fault
Barred above 50%
In Oklahoma, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
In Oklahoma, a plaintiff's contributory negligence bars recovery only if it is “of greater degree” than the negligence of the defendant or the combined negligence of those causing the damage2. Otherwise the recovery is reduced in proportion to the plaintiff's negligence6, and liability among tortfeasors is several only7.
The law, as written
Bar to recoveryBarred above 50%
In Oklahoma, contributory negligence does not bar recovery “unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or … is of greater degree than the combined negligence of any persons, firms or corporations causing such damage”2.
More detail
The current § 13 dates from Laws 1979, c. 382.
If they were a minor
Step 5: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
Minors and other legal disability1 year after disability removed
In Oklahoma, a person under a legal disability when the cause of action accrued may bring the action “within one (1) year after such disability shall be removed”8.
More detail
In Oklahoma, a medical-malpractice claim for a minor under 12 must be brought by the parent or guardian within seven years of the injury; a minor 12 or older must sue within one year after attaining majority, but in no event less than two years from the injury8.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in Oklahoma, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Oklahoma rules
This page keeps to the rules that matter most for a wrongful death case. The Oklahoma page has all of them.
Injured in Oklahoma: all deadlines and rules
Other case types in Oklahoma:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
Firms that take wrongful death cases in Oklahoma, by city
Cities A–Z. Each list is in A–Z order or by distance, never ranked.
How to check a lawyer’s license in Oklahoma
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Okla. Stat. tit. 12, § 1053Read the source: Okla. Stat. tit. 12, § 1053
- Okla. Stat. tit. 23, § 13Read the source: Okla. Stat. tit. 23, § 13
- Okla. Stat. tit. 12, § 95Read the source: Okla. Stat. tit. 12, § 95
- Okla. Stat. tit. 51, § 156 (Governmental Tort Claims Act)Read the source: Okla. Stat. tit. 51, § 156 (Governmental Tort Claims Act)
- Okla. Stat. tit. 51, § 157 (Governmental Tort Claims Act)Read the source: Okla. Stat. tit. 51, § 157 (Governmental Tort Claims Act)
- Okla. Stat. tit. 23, § 14Read the source: Okla. Stat. tit. 23, § 14
- Okla. Stat. tit. 23, § 15Read the source: Okla. Stat. tit. 23, § 15
- Okla. Stat. tit. 12, § 96Read the source: Okla. Stat. tit. 12, § 96
This is general information, not legal advice.