Oklahoma law recognizes two distinct claims:

• Wrongful Death Claims – Filed by the estate’s personal representative for the benefit of surviving family. These claims compensate for funeral and burial costs, medical bills related to the fatal injury, the loss of financial support and benefits, and the emotional toll of grief, mental anguish, and loss of companionship. Surviving spouses may also recover for loss of consortium.
• Survival Actions – Filed on behalf of the decedent’s estate to recover damages the person themselves would have been entitled to if they had survived. This includes pre-death medical expenses, the conscious pain and suffering endured before passing, lost earnings between the injury and death, and, in cases of gross negligence, punitive damages meant to punish wrongful conduct.

Both actions can and often should be pursued together. Wrongful death ensures the family is compensated for their loss, while survival actions ensure the decedent’s suffering and final expenses are not overlooked.