When someone dies unexpectedly, their surviving family members face numerous significant challenges. They have to plan a memorial service and deal with the other practical needs generated by someone’s death. There could be probate matters to attend to, as well as a challenging process of reallocating household responsibilities among the survivors. Someone’s death usually also has financial implications for the household. The family has to cover burial costs, as well as the invoices for any end-of-life medical care the decedent received. The household may have to accept a lower standard of living due to the loss of a stream of income.
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When someone dies, the loss of their income can create numerous financial challenges. Especially if they were the primary wage earner for the family, it may be difficult to maintain the same standard of living. In scenarios where people have the grounds to pursue an Oklahoma City wrongful death lawsuit after a tragedy, lost future wages can be among the damages sought.
Income calculations are often complex
Some recoverable losses that people may include in a wrongful death lawsuit are easy to qualify. Someone’s medical care, for example, produces bills from hospitals with a specific amount due. Lost income can be more difficult to accurately value.
Contrary to what people might initially believe, calculating someone’s lost earning potential can be relatively challenging. Simply multiplying the years left until their retirement by their current salary could be insufficient. After all, most people continue to pursue advancement opportunities and seek raises based on their job performance throughout their careers.
Even if someone is not ambitious about developing their career, their employer may offer annual cost-of-living raises. There are also the benefits they secured or would secure in the future through their employment to consider. Employee benefit packages including paid leave, retirement benefits and insurance coverage can substantially increase the value of someone’s compensation package. Families have to consider not just someone’s current wages and benefits but what they could have likely been eligible for if they continued developing their career as they wished to do.
Having an accurate estimate of someone’s future wages can make it easier for families to pursue justice in an Oklahoma wrongful death lawsuit. Seeking legal guidance can be helpful in this regard.
The Full Scope of Wrongful Death Damages Under Oklahoma Law
Lost wages and income calculations — however complex — are only one component of what Oklahoma wrongful death law allows families to recover. The Oklahoma Wrongful Death Act permits the personal representative of the estate to bring the claim, with recovered damages distributed according to the statute’s provisions. Recoverable damages extend well beyond financial support.
Oklahoma wrongful death damages include: the deceased’s medical and funeral expenses; the present value of lost earnings and earning capacity over the deceased’s expected working life; the value of household services the deceased would have provided; the deceased’s conscious pain and suffering between the injury and death; grief, mental anguish, and loss of companionship suffered by the surviving spouse and children; and — in cases of grossly negligent conduct — punitive damages to punish the responsible party. For minor children who lose a parent, the loss of parental guidance, support, and companionship carries significant value and is not limited to financial support alone.
Who Can File an Oklahoma Wrongful Death Claim?
Oklahoma requires that wrongful death claims be filed by the personal representative of the deceased’s estate, not by family members individually. If the deceased had a will that names a personal representative (executor), that person files the claim. If there is no will, a family member must petition the probate court to be appointed administrator of the estate before the lawsuit can proceed. An attorney can handle the probate appointment and the wrongful death claim simultaneously — the two proceedings are often coordinated to avoid delays.
The distribution of any recovery follows Oklahoma law: the surviving spouse receives the portions applicable to their individual losses, and the remainder is distributed to the estate to be divided among heirs. An attorney explains how the specific facts of the family’s situation affect the distribution before any settlement is accepted.
Oklahoma’s Statute of Limitations for Wrongful Death Claims
Oklahoma’s wrongful death statute of limitations is two years from the date of the deceased’s death — not the date of the injury if death occurred later. Missing this deadline eliminates the right to pursue any recovery for the family. Evidence timelines are far shorter: accident scene evidence, vehicle data, and electronic records can be overwritten within days to weeks after the incident. An attorney who begins the investigation immediately can preserve what later litigation depends on.
When government entities (a negligent municipality, ODOT, or a government-employed driver) caused the death, the notice requirement under the Oklahoma Governmental Tort Claims Act is one year — significantly shorter than the general two-year period. Failing to file the required written notice within one year bars the wrongful death claim against the government entity entirely.
Frequently Asked Questions
What if we don’t know the exact value of the lost wages because the deceased was self-employed or worked irregularly? Forensic accountants and vocational economists can reconstruct earning history using tax records, industry data, and the deceased’s documented skills and experience. Self-employment income is fully recoverable — it just requires more documentation to establish.
Does a wrongful death settlement affect a surviving spouse’s right to Social Security survivor benefits? Generally no — Social Security survivor benefits are determined by the deceased’s work history, not by the outcome of a civil lawsuit. An attorney can coordinate with a benefits planner to ensure the settlement is structured appropriately.
What does Warhawk Legal charge for wrongful death cases? Nothing upfront. Contingency only — no fee unless we recover compensation for the family. Call (405) 397-1717.
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If you or a loved one has been injured, contact our experienced Oklahoma City wrongful death attorney at Warhawk Legal. We offer free consultations and only get paid when you win.