Losing someone in a car accident is devastating.
And when that loss is the result of another driver’s negligence, that grief is compounded by feelings of confusion about what to do. Wrongful death claims can be complex, and most families don’t know where to begin.
Here’s the good news…
It’s simpler than you might think. When you have the right personal injury law firm in your corner, your family can:
- Hold negligent drivers accountable
- Recover financial losses
- Get justice for their loved one
Here’s everything you need to know…
Here’s the breakdown:
- What Is A Wrongful Death Claim?
- Who Can File A Car Accident Wrongful Death Claim?
- What To File: The Documents That Matter
- Damages You Can Recover
- Common Mistakes To Avoid
What Is A Wrongful Death Claim?
Wrongful death claim: A lawsuit brought against a person whose negligence (or wrongful act) resulted in someone’s death.
Put simply? Wrongful death refers to how families can be compensated when another party is at fault in the death of their loved one.
Car accidents are the leading cause of wrongful death claims across the country. The NHTSA estimates 39,345 people died in motor vehicle crashes in 2024. Across the country, that’s nearly 40,000 families facing the legal & financial repercussions of a sudden preventable death.
The majority of those wrecks include driver fault of some kind…. Speeding, distracted driving or driving impaired. And guess what….
Driving while under the influence of alcohol resulted in 12,429 fatalities in 2023. That’s 30% of all traffic-related deaths. These aren’t accidents in the true sense of the word. Alcohol-impaired fatalities are preventable deaths that occur due to another person’s decisions.
That is where wrongful death claims can help. Consulting with an experienced Oklahoma car accident lawyer is the best way to learn about your legal options after a fatal collision. A knowledgeable personal injury law firm will know what paperwork needs to be filed, when it should be filed, and how to pursue the maximum amount of compensation from the negligent driver and their insurance company.
Who Can File A Car Accident Wrongful Death Claim?
Here’s where it gets tricky…
You can’t just walk into a courthouse and file a wrongful death claim. States have specific requirements as to who can bring a claim.
In Oklahoma it gets very specific. According to Oklahoma Statute §12-1053, the lawsuit for wrongful death must be filed by the personal representative of the estate.
Wait — what does that actually mean?
Personal Representative means the person appointed to administer the decedent’s estate. The personal representative is sometimes referred to as the “executor”. The personal representative:
- Files the lawsuit on behalf of the family
- Manages the legal process
- Distributes any settlement to the rightful beneficiaries
The personal representative will often be named in the decedent’s will. If there is no will, the court will appoint someone – often the surviving spouse or nearest next of kin.
Note: Beneficiaries include spouse, children, parents, and sometimes siblings. The beneficiary is the person/people who receive the compensation…they are the ones who get paid…even though they are NOT technically filing.
What To File: The Documents That Matter
So what actually gets filed?
Here’s what most families mess up. A wrongful death claim consists of numerous legal pleadings. Each pleading has to be drafted correctly.
Here are the key documents:
- Petition (or Complaint): The lawsuit document which initiates the lawsuit. It states who is being sued, what happened and what damages are sought.
- Letters Testamentary: Proof of legal authority to act for the estate.
- Summons: Notification to the defendant (at-fault driver) that they have been sued.
- Supporting evidence: Police reports, medical records, death certificate, financial documents, and witness statements.
All of these pleadings must be filed within certain deadlines. If you miss the deadline your case can be dismissed… permanently.
In Oklahoma, survivors have only two years after the date of death to file a wrongful death claim. Period.
Two years may seem like plenty of time. When you consider grieving, funerals, insurance work, and collecting all of the evidence, it really doesn’t take that long. This is why retaining a personal injury law firm ASAP is crucial.
Damages You Can Recover
Now to the part that really matters… How much can families actually recover?
Each case is unique. However, there are a few categories of damages that are commonly awarded in wrongful death cases.
Economic Damages
These are expenses related to the financial losses incurred as a result of the death. Typically these are the easiest to calculate because they deal with actual dollar figures.
Economic damages can include:
- Medical bills (from accident to death)
- Funeral and burial expenses
- Lost wages and future earnings
- Loss of benefits (health insurance, pension, etc.)
Non-Economic Damages
These are more difficult to determine a dollar value for, however they are equally important. Non-economic damages include compensation for emotional damages to the family.
They include:
- Loss of companionship and emotional support
- Loss of guidance and care (especially for children)
- Pain and suffering experienced before death
- Mental anguish suffered by the family
Punitive Damages
In some cases, the court may award punitive damages.
Punitive damages are designed to financially punish the wrongdoer for particularly careless actions. Hit by a drunk driver? Street racing accidents? Hit and runs can qualify you for punitive damages.
The correct personal injury law firm will understand which damages to seek. They will seek the largest settlement possible for the family.
Common Mistakes To Avoid
Filing a wrongful death claim is stressful. When stressed, people tend to make some common mistakes that can damage their case.
Here are the big ones:
- Waiting too long: The two year clock starts when your loved one dies.
- Speaking to insurance adjusters individually: They will use anything you say against you to minimize your payout.
- Accepting the first settlement offer: Insurance companies almost always lowball their first offer.
- Proceeding without legal counsel: Typically nets you a smaller settlement (or none).
Avoiding these mistakes can be the difference between a fair settlement and getting nothing.
Bringing It Home
Losing a loved one in a car accident is devastating. You don’t have to navigate the legal system alone.
The most important things to remember:
- Act quickly: Oklahoma’s two-year statute of limitations is strict.
- Hire the right help: Personal injury law firms will take care of the legal proceedings, allowing you and your family to grieve and recover.
- Know your rights: Claims cover medical costs, lost income, emotional damages, and more.
- Avoid the common mistakes: Don’t chat with insurance by yourself, and don’t accept the first offer.
Money can’t bring back a loved one. But winning a case against the party at fault can offer some measure of justice — and help with the financial costs of an unexpected loss.
Have you lost a loved one in a car accident caused by another driver? Don’t wait another minute. The clock is ticking. Contact a knowledgeable personal injury law firm today. Learn what your options are.