
When a loved one passes away due to someone else's negligence or misconduct, it can lead to a wrongful death claim. These cases aim to provide financial support and compensation to the surviving family members. Litigating these complicated claims requires knowledge of the law, the details of the claim, and the best strategies to ensure a fair settlement.
At Richardson Richardson Boudreaux, our wrongful death attorneys have experience with all types of lawsuits. Learn more about how a wrongful death suit settlement is paid below. Then, contact our Oklahoma City wrongful death attorney to schedule a free case consultation.
What Constitutes a Wrongful Death Claim?
A wrongful death claim happens when a person dies due to the legal fault of another person due to negligence, like in a car accident or an intentional act like in cases of violence. The core of such a claim is that death could have been avoided if the defendant had not acted wrongfully. These claims provide a legal avenue for families to seek compensation for their loss.
The goal of a wrongful death claim is to compensate the family for their financial and emotional losses. These include the deceased's lost earnings, companionship, and medical and funeral expenses coverage.
Establishing fault in a wrongful death case requires proving that the defendant's actions directly contributed to the death. This legal process can be complex, requiring the expertise of an experienced wrongful death lawyer to navigate successfully.
Common Causes of Wrongful Death in Oklahoma
Wrongful death claims in Oklahoma arise from a variety of tragic circumstances where another party's negligence or intentional actions result in the loss of life. Understanding the common causes of wrongful death can help families recognize when they might have a valid compensation claim.
Below are some of the most frequent causes of wrongful death in Oklahoma.
- Car accidents. Numerous wrongful death claims develop from car accidents where negligence like speeding or drunk driving was involved. Families can demand compensation for the loss of their loved one due to such reckless or negligent behavior. This includes motorcycle crashes and truck accidents.
- Medical malpractice. If a healthcare professional's negligence leads to a patient's death, their family can file a wrongful death claim. Examples include surgical errors or misdiagnoses that result in death. Medical malpractice claims are complicated and require a legal professional.
- Workplace accidents. Fatal accidents on job sites, especially in industries like construction, can lead to wrongful death claims. Employers who fail to provide safe environments may be liable.
- Defective products. The manufacturer might be held responsible if a death stems from a defective product, such as a faulty car part or unsafe appliance. Families can pursue claims for these avoidable tragedies.
- Criminal actions. Deaths resulting from criminal acts like assault or manslaughter also qualify for wrongful death claims. These are particularly serious and can result in substantial settlements.
- Slip-and-fall accidents. If a fatal accident occurs on someone else's poorly maintained property, this can lead to a wrongful death claim. Property owners must ensure safe conditions for visitors, which can prevent slip-and-fall accidents.
- Exposure to hazardous substances. Deaths caused by exposure to dangerous chemicals or environments, often in the workplace, can lead to claims against employers or manufacturers.
Who Can File a Wrongful Death Claim in Oklahoma?
In Oklahoma, the right to file a wrongful death claim is typically given to the immediate family members of the deceased. This usually includes spouses, children, or the parents of unmarried children. The law aims to compensate these individuals for their loss's financial and emotional consequences. They must prove that the negligence or wrongful act of another party caused their loved one's death.
The personal representative of the deceased's estate usually submits the wrongful death claim for the surviving family. This can be a family member or an executor appointed in the will. The outcomes of these claims can significantly affect the family's financial future. Thus, a competent wrongful death lawyer representing the family's interests is crucial in navigating these legal waters.
Types of Compensation in Wrongful Death Settlements

When a wrongful death occurs, the surviving family members may be entitled to various forms of compensation to help ease the financial and emotional burdens left by their loss. These settlements are designed to address both the tangible and intangible damages suffered due to death.
Below are the types of compensation commonly included in wrongful death settlements.
- Medical costs incurred before death. Compensation often covers any medical expenses the deceased incurred due to the injury before death.
- Funeral and burial expenses. Settlements usually include the costs of funeral services and burial, which can be substantial.
- Loss of income and benefits. The potential earnings and benefits the deceased would have provided had they lived are calculable losses that compensation can cover.
- Pain and suffering of the deceased. Some settlements include compensation for the emotional trauma endured by the deceased before their death.
- Loss of companionship. Surviving family members can demand compensation for the loss of the relationship and emotional support.
- Punitive damages. Punitive damages can be given to punish the wrongdoer in situations of egregious negligence or malicious actions. This is meant to deter similar actions in the future.
- Loss of inheritance. This reflects what the deceased would likely have saved as part of an inheritance had they lived a normal expected lifespan.
Process of Reaching a Wrongful Death Settlement
Settlement of a wrongful death case involves a handful of steps and can vary in complexity based on the details of the case.
The process typically starts with thoroughly investigating the incident and gathering evidence, including medical records, eyewitness accounts, and expert testimony. This is followed by filing a claim with an insurance company or directly against the liable party.
Negotiating with Insurance Companies
Negotiating a settlement with insurance companies involves presenting a strong case supported by solid evidence. Insurance companies often aim to minimize payouts, so effective negotiation tactics and a clear presentation of the facts are essential.
A wrongful death lawyer is critical during these negotiations. We ensure that the family's rights are respected and that the settlement covers the true value of their loss.
Role of Mediation and Arbitration
Mediation and arbitration are alternative dispute resolution methods that could settle wrongful death claims outside of court.
These negotiations involve a neutral third party who helps both sides reach an agreement. They can be less adversarial and faster than going to trial. However, it's crucial to have legal representation to advocate for the family's best interests.
What to Expect in a Trial
If a settlement cannot be reached through negotiation or mediation, the case may go to trial. A wrongful death trial involves presenting the case to a judge or jury, who are tasked with deciding the outcome.
Trials can be lengthy and complex, requiring detailed evidence and expert testimony to prove negligence and damages.
How Wrongful Death Settlements Are Paid Out

The payment begins once a settlement is reached or a verdict is won at trial. How these funds are distributed can vary based on the settlement terms or the court's ruling. Understanding the mechanics of these payments is crucial for families to plan their financial futures.
Lump Sum Payments
Choosing a lump sum payment in a wrongful death settlement can offer significant benefits, but it also comes with potential drawbacks. Understanding these advantages and disadvantages can help families decide what is best for their financial future.
Below are some key points when opting for a lump sum payment.
- Immediate closure. Receiving a lump sum payment means that families can close the chapter on the legal process and begin to move forward. This can provide a sense of closure and financial stability.
- Financial management. A lump sum allows the beneficiaries to manage the funds as they see fit. They can invest or use the money to pay for immediate needs without waiting for future payments.
- Potential for mismanagement. Without proper planning, beneficiaries might mismanage a large sum of money. This can lead to financial difficulties in the future, especially if the settlement was meant to cover long-term needs.
- Tax considerations. Lump sum payments may have different tax implications. It's important to consult a financial advisor to understand how receiving a large sum at once can affect your taxes.
- Settlement finality. Once a lump sum is accepted, the case is generally considered closed. This means no further claims can be made, even if future expenses arise related to the wrongful death.
Structured Settlements. How They Work
Structured settlements provide compensation through regular payments over some time. This payment type is set up to meet the family's ongoing financial needs, providing a steady income stream. The terms are usually negotiated during the settlement process. They can also be tailored to fit specific financial planning goals.
A structured settlement can be especially beneficial for managing long-term expenses, such as ongoing medical care for dependents or educational costs. By spreading out the payments over time, it reduces the risk of mismanagement of funds.
However, once the terms are set, they are typically inflexible, so it's important to forecast future needs accurately when setting up a structured settlement.
Division of Settlement Among Beneficiaries
The division of a wrongful death settlement among beneficiaries must be handled carefully to ensure fairness and adherence to the deceased's wishes or state law.
Typically, the settlement is divided among the surviving spouse, children, or other dependents according to the specifics of the will or state succession laws. This process can be complex, involving negotiations among family members and legal scrutiny to ensure compliance with all applicable laws.
Conflicts can arise when beneficiaries have different financial needs or expectations. It is crucial to handle these discussions sensitively and with legal guidance to prevent disputes and ensure equitable distribution.
An experienced wrongful death lawyer can facilitate these discussions and help draft a distribution agreement that honors the deceased's wishes and provides for their family's needs.
Tax Implications of Wrongful Death Settlements
The tax implications of wrongful death settlements can shift based on the nature of the compensation and the jurisdiction. Generally, compensation for personal injuries, pain, and suffering is not taxable at the federal level. However, punitive damages and interest on the settlement can be taxable.
Understanding the tax implications is crucial for financial planning and avoiding unexpected liabilities. Families should consult a tax advisor to understand how their wrongful death settlement will be taxed. This ensures they make informed decisions about the settlement and manage their finances effectively.
Legal Considerations in Receiving a Settlement

Receiving a wrongful death settlement involves several legal considerations that must be carefully managed to ensure compliance with the law and protection of the beneficiaries' interests.
Protecting the Rights of Minor Beneficiaries
When minors are beneficiaries of a wrongful death settlement, their interests must be protected. This usually involves setting up trusts or appointing guardians to manage their portion of the settlement until they reach adulthood. Ensuring that these funds are used appropriately for their benefit is a priority.
Handling Disputes Among Heirs or Beneficiaries
Disputes among heirs or beneficiaries can arise, especially when large settlements are involved. These disputes can be about the division of the settlement, allegations of undue influence, or dissatisfaction with the management of a trust.
Resolving these disputes may require mediation or, in some cases, litigation to reach a resolution that is in the best interests of all parties involved.
Ensuring Compliance with Oklahoma Laws
Compliance with Oklahoma laws is essential when receiving a wrongful death settlement. This includes adhering to probate laws, trust laws, and any specific statutes that pertain to wrongful death settlements.
An experienced wrongful death lawyer can provide invaluable assistance in navigating these legal requirements, ensuring that the settlement process is handled correctly and efficiently.
How Richardson Richardson Boudreaux Can Help
When dealing with the aftermath of a wrongful death, having a dedicated and experienced legal team by your side can make all the difference. Richardson Richardson Boudreaux is here to provide the support and expertise you need during this challenging time.
Here's how our firm can assist you in pursuing justice and compensation for your loss.
- Expert legal guidance. Our experienced wrongful death lawyers can provide expert legal guidance throughout the process of your claim. We understand the complexities of wrongful death cases and can help navigate the legal system to protect your rights.
- Maximizing your settlement. We are committed to maximizing your wrongful death settlement. Our team will work tirelessly to gather evidence, negotiate with insurance companies, and, if necessary, represent you in court to ensure you receive fair compensation.
- Handling all legal aspects. From filing the claim to handling disputes among beneficiaries, our attorneys can handle all legal aspects of your case. This allows you to focus on healing and moving forward with your life.
- Personalized legal strategy. We offer personalized legal strategies tailored to the specifics of your case. Understanding your family's needs and the case details helps us to advocate effectively on your behalf.
- Free case consultation. Richardson Richardson Boudreaux offers a free consultation for wrongful death cases. This allows you to understand your legal options and how we can help without any upfront cost.
Contact Our Oklahoma City Wrongful Death Lawyer for a Free Case Consultation

If you have lost a loved one due to someone else's negligence, you need a lawyer who can help you. Richardson Richardson Boudreaux is honored to fight for families in need.
Our Oklahoma City wrongful death lawyers are here to help you understand your rights. We can guide you through the process of securing a wrongful death settlement. Wrongful death lawsuits can be complicated, so lean on us for assistance.
Contact us today to schedule a free consultation to discuss your wrongful death lawsuit.