How the Value of an Oklahoma Wrongful Death Case Is Determined

Understanding What a Case Is Truly Worth Under Oklahoma Law

There is no fixed or “average” value for an Oklahoma wrongful death case.

Under Oklahoma law, the value of a wrongful death lawsuit depends on the total impact of the loss, including financial harm, emotional suffering, and—in certain cases—punitive considerations.

Each case is unique and is evaluated based on:

  • The life of the person who was lost
  • The financial and emotional impact on survivors
  • The circumstances surrounding the death
  • The strength of the evidence

Girards Law evaluates wrongful death cases by focusing on the full lifetime impact of the loss—not just immediate damages.

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What Oklahoma Law Allows Families to Recover

Under Oklahoma law, a wrongful death claim arises when a person’s death is caused by the wrongful act or omission of another. 

Unlike Texas, the claim must be brought by the personal representative of the estate, but damages are awarded for the benefit of surviving family members. 

Oklahoma law also imposes a two-year statute of limitations for filing a wrongful death claim in most cases. 

What Determines the Value of a Case

Oklahoma law specifically defines the types of damages that may be recovered.

1. Economic Damages (Financial Losses)

These include measurable financial losses caused by the death, such as:

  • Medical expenses related to the fatal injury
  • Funeral and burial costs
  • Lost income and future earning capacity
  • Loss of benefits and financial support

These damages are calculated based on factors like:

  • Age
  • Occupation
  • Earning capacity
  • Expected lifespan

There is generally no statutory cap on economic damages.

2. Non-Economic Damages (Human Losses)

Oklahoma law allows recovery for profound personal losses, including:

  • Loss of companionship
  • Grief of the surviving spouse
  • Mental anguish suffered by survivors
  • Loss of guidance, care, and support

 

These damages often represent the most significant portion of a wrongful death case, because they reflect the human impact of the loss.

3. Damages Suffered by the Deceased Before Death

Oklahoma law uniquely allows recovery for:

  • The mental pain and anguish suffered by the deceased before death

This can significantly increase case value where there was:

  • A period of suffering
  • Conscious pain before death

4. Punitive (Exemplary) Damages

In cases involving serious misconduct, punitive damages may be awarded to:

  • Punish the wrongdoer
  • Deter similar conduct

These are typically available in cases involving:

  • Gross negligence
  • Reckless behavior
  • Intentional misconduct

What Actually Drives the Value of an Oklahoma Wrongful Death Case

1. Financial Contribution of the Deceased

Courts evaluate:

  • Income
  • Career trajectory
  • Benefits
  • Household contributions

Higher earning potential often leads to higher case value.

2. Age, Health, and Life Expectancy

Younger individuals or those in good health often result in higher projected damages due to:

  • Longer expected working life
  • Greater long-term financial loss

3. Relationship to Survivors

The law considers:

  • Spouse relationship
  • Parent-child relationships
  • Dependency

Stronger and closer relationships typically increase non-economic damages.

4. Circumstances of the Death

Cases involving serious negligence—such as:

may significantly increase value depending on the facts.

5. Strength of Evidence

The ability to prove:

  • Liability
  • Causation
  • Damages

directly impacts value.

Stronger cases:

  • Settle for more
  • Perform better at trial

6. Insurance Coverage and Defendant Resources

Insurance limits and corporate resources often influence:

  • Settlement ceilings
  • Negotiation strategy

7. Degree of Negligence

More egregious conduct increases value—especially where punitive damages are available.

Two Types of Recovery

Oklahoma recognizes both:

Wrongful Death Claims

Compensate the family for their losses

Survival Claims

Compensate for damages the deceased suffered before death

Together, these claims can significantly increase total recovery.

Every Case Is Different

There is no standard settlement amount because:

  • Every life is different
  • Every family is different
  • Every set of facts is different

Case value depends on the specific combination of damages and evidence.

The Reality Behind Settlement Offers

Insurance companies often:

  • Minimize emotional damages
  • Challenge liability
  • Dispute future projections

They rely on:

  • Internal valuation systems
  • Adjuster assessments
  • Defense experts

This is why thorough case preparation is critical.

A Comprehensive Approach

A properly evaluated case often includes:

  • Economic experts (income projections)
  • Medical experts (causation)
  • Life expectancy analysis
  • Family impact evaluation

The goal is to show:

What was lost—and what that loss means over a lifetime

Early Evaluation Is Critical

You should consider speaking with a lawyer if:

  • A loved one died due to possible negligence
  • The cause of death is unclear
  • There are questions about medical care or safety failures
  • Insurance companies are already involved

Acting early helps preserve evidence and clarify case value.

Speak With a Wrongful Death Lawyer

If your family is dealing with the loss of a loved one due to negligence, understanding the value of your case is an important first step.

We offer a confidential, no-cost consultation.

Call 833-5GIRARDS
Or contact us online on our Contact Page