In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and burial expense, loss of anticipated services and support, loss of companionship and love of the child, destruction of parent-child relationship and loss of monies expended by parents or guardian in support, maintenance and education of such minor child, in such amount as, under all circumstances of the case, may be just.
§ 1055.Death of a Child
Chapter 17: Survival and Abatement of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1055 spells out the damages recoverable for the death of an unmarried, unemancipated minor child, covering medical and burial expenses, lost anticipated services and support, loss of companionship and love, destruction of the parent-child relationship, and money the parents or guardian spent raising the child.
Full Text of § 1055
Amendment History
Laws 1975, HB 1336, c. 132, § 1, eff. 10/1/1975.
Plain-English Summary
This section supplies a damages menu specific to the death of a minor child who was unmarried and unemancipated. Recoverable damages include medical and burial expense, the loss of anticipated services and support the child would have provided, loss of the child's companionship and love, destruction of the parent-child relationship, and money the parents or guardian spent on the child's support, maintenance, and education. The amount awarded is whatever is just under all the circumstances of the case.
Frequently Asked Questions
What damages can parents recover for the wrongful death of their minor child in Oklahoma?
Medical and burial expenses, loss of anticipated services and support, loss of companionship and love, destruction of the parent-child relationship, and money spent on the child's support, maintenance, and education.
Does this section apply to a married or emancipated minor?
No. It's limited to an unmarried, unemancipated minor child.
Is there a fixed dollar formula for these damages?
No. The statute leaves the amount to what is just under all the circumstances of the case.
How does this section relate to the general wrongful death statute?
Section 1053 sets the general framework and limitation period for wrongful death actions; this section adds child-specific categories of damages.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: wrongful death of a child damages oklahoma12 O.S. § 1055loss of companionship minor child oklahomaparent child relationship damages oklahoma