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12-1053.


12-1053.
   
   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 personal representative if
   he is also deceased, if the former might have maintained an action,
   had he lived, against the latter, or his representative, for an injury
   for the same act or omission. The action must be commenced within two
   (2) years.
   
   B. The damages recoverable in actions for wrongful death as provided
   in this section shall include the following: Medical and burial
   expenses, which shall be distributed to the person or governmental
   agency as defined in Section 200 of Title 56 of the Oklahoma Statutes,
   who paid these expenses, or to the decedent's estate if paid by the
   estate.
   
   The loss of consortium and the grief of the surviving spouse, which
   shall be distributed to the surviving spouse.
   
   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.
   
   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.
   
   The grief and loss of companionship of the children and parents of the
   decedent, which shall be distributed to them according to their grief
   and loss of companionship.
   
   C. In proper cases, as provided by Section 9 of Title 23 of the
   Oklahoma Statutes, punitive or exemplary damages may also be recovered
   against the person proximately causing the wrongful death or his
   representative if such person be 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.
   
   D. Where the recovery is to be distributed according to a person's
   pecuniary loss or loss of companionship, the judge shall determine the
   proper division.
   
   E. The above-mentioned distributions shall be made after the payment
   of legal expenses and costs of the action.
   

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