Who Gets the Money in a Wrongful Death Lawsuit?

There is no greater emotional turmoil than losing a loved one due to someone else’s negligence or careless actions. If your loved one also provided for you, you may be facing economic hardship as well.

In this time of grief, it is natural to want to hold a person or organization accountable for their wrongful action.

In Oklahoma, the personal representative of the deceased person’s estate (sometimes known as the executor) can file a wrongful death lawsuit against the person or group that caused the death. Typically, the deceased person’s surviving spouse, children, and/or parents are eligible beneficiaries of a wrongful death claim, although “next of kin” may also be beneficiaries in some circumstances.

These cases are complicated, and wrongful death settlements can take time. A wrongful death lawyer can help you navigate this complex legal system, easing your burden as you mourn your loved one’s death.

What Are Wrongful Death Cases?

A wrongful death suit is a charge against a party who’s wrongful act or omission leads to a death. This can include an accident due to negligence, a medical malpractice death, an intentional act, car accidents, motorcycle accidents, defective products, and more.

These cases can cause great loss to the family of the deceased person, and those family members may choose to seek compensation and punitive damages against the responsible party in a civil lawsuit.

In Oklahoma, the statute of limitation on a wrongful death lawsuit is typically 2 years from the date of the death.

RELATED: What Is the Oklahoma Statute of Limitations for Personal Injury?

How Claim Distribution Works in Wrongful Death Cases

Under Oklahoma law (§12-1053), there are several different categories of damages that can be awarded in a wrongful death claim.

Within each category, damages can be awarded to different parties, typically based on whoever has a stake in that type of compensation. For example, if the surviving spouse paid the deceased’s medical bills, it would not make sense to distribute that compensation to all of the surviving family members.

In many cases, the court makes the final determination for how the awarded compensation is divided among the beneficiaries.

Here are the types of damages common in a wrongful death settlement in Oklahoma:

Medical and Burial Expenses

Medical expenses and burial costs are recoverable damages in a wrongful death lawsuit. These damages are paid out to the person or entity that originally paid them. This may be a family member, a government entity, or the deceased person’s estate.

Other Economic Damages

In wrongful death claims, these damages (known as “pecuniary losses”) are calculable financial losses such as any property damage, lost employment benefits like insurance, and the decedent’s lost wages that they may have earned had they survived.

If the deceased person had a surviving spouse or any surviving children, pecuniary losses are exclusively reserved for them. However, if none exist, these damages will be awarded to the “next of kin” under Oklahoma law, which in most cases would mean the deceased persons parents (if either are surviving) or siblings.

Precise distribution of pecuniary damages between family members may be determined by the judge presiding over the case.

Loss of Consortium

Oklahoma law recognizes that the loss of a loved one affects a surviving spouse especially hard. Loss of consortium damages are awarded to a surviving spouse for their grief, loss of companionship, and other benefits of a spousal relationship.

Grief and Loss of Companionship

In addition to the surviving spouse, the children and parents of the deceased are also specifically allowed to seek compensation for their grief and loss of companionship. In a wrongful death lawsuit, these damages are awarded according to the degree of loss suffered by each individual family member, as determined by the judge.

Mental Pain and Anguish of the Deceased

If your loved one initially survived the incident that eventually caused their death, and suffered any mental pain and anguish before passing, the surviving family members can seek financial compensation in proportion to that pain and anguish.

Generally, these damages are reserved for any surviving spouse and children. If the deceased left no spouse or descendants, they become party of the estate and are divided to next of kin in the same proportion as personal property.

Punitive Damages

In rare cases, a jury might award punitive damages against the at-fault party if the action that caused your loved ones death was grossly negligent, reckless, or malicious. Punitive damages act as a warning that such behavior is not acceptable.

As with mental pain and anguish of the deceased, these damages are reserved for any surviving spouse and children, or else become part of the estate if none exist.

An Experienced Wrongful Death Attorney Can Help Your Claim

Wrongful death lawsuits can be complicated and time consuming. It can be difficult to understand who gets the money in a wrongful death lawsuit, and it can be even more difficult to agree on and distribute the funds in a fair manner. Grief is different for everyone, and the fallout from these emotionally-charged situations can have life-long effects.

It is much better to leave wrongful death claims in the hands of an experienced wrongful death lawyer. Your attorney will protect your interests and use their in-depth knowledge of the law to defend your rights. They can gather evidence and negotiate fair compensation, sparing you from that emotional toll of dealing with the aggressive insurance company.

Your lawyer will also provide guidance on the best steps to take in your wrongful death case. You may feel numb, or feel like your judgment is clouded. The support of an objective, experienced wrongful death attorney can guide you through the process without making any missteps that could hurt your claim.

We know that it is extremely difficult to assign a “dollar value” to a person’s life. But the damages awarded from your wrongful death lawsuit are meant to help you avoid future financial hardship and rebuild your life. While nothing could ever truly make up for the loss of a loved one, you deserve the maximum accountability and compensation owed to you under the law.

Seeking Justice for a Loved One’s Death? Call The Wolf Pack™

At Colbert Cooper Hill, our Wolf Pack™ of compassionate, experienced wrongful death lawyers can help you in your time of need. We will seek justice for the victim’s death by aggressively fighting on your behalf. We can’t replace what you’ve lost, but we can help you receive fair compensation while holding the negligent party accountable for their actions.

If you have questions about whether you are a wrongful death beneficiary, or if you’d like a free consultation to learn your legal options, call us at (877) 579-6800 or fill out our contact form today. The sooner we get started on building a strong case for your wrongful death claim, the sooner you can focus on processing your grief instead of complicated legal matters.