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
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
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
D. Where the recovery is to be distributed according to a person's
pecuniary loss or loss of companionship, the judge shall determine the
E. The above-mentioned distributions shall be made after the payment
of legal expenses and costs of the action.