What Happens When Someone Dies in a Car Accident?
There’s no way to prepare for the moment when life flips upside down. One minute, your loved one is here. The next, they’re gone—taken because of someone else’s reckless mistake on the road. At Aizenman Law Group, we sit across from Oklahoma families living through the worst moments of their lives. We listen to stories that end too soon, and we see firsthand how deep the loss cuts.
And as if the heartbreak isn’t enough, there’s the chaos that follows. Bills don’t stop just because your world has. Funerals have to be planned. Insurance companies start calling. Families are left wondering who’s supposed to do what—and how to keep life from falling apart financially.
That’s why having an experienced Tulsa car accident lawyer on your side matters. We’re here to help you find answers, hold the right people accountable, and guide you through the legal side of this loss—because you shouldn’t have to figure it out alone.
What Is Considered Wrongful Death After a Car Accident?
When a car crash takes someone’s life, the law in Oklahoma allows the family to pursue what’s called a wrongful death claim. Basically, this type of case exists because the person who passed away can no longer fight for themselves. Instead, the law gives their loved ones a way to seek justice and financial support from the person or people who caused the crash.
Wrongful death is defined under the Oklahoma Wrongful Death Act. According to Okla. Stat. tit. 12, § 1053(A) (2021), a wrongful death occurs “when the death of one is caused by the wrongful act or omission of another.” If someone’s negligence—or even intentional misconduct—leads to a fatality, the law allows the responsible party to be held accountable in civil court.
It’s important to understand that this isn’t the same thing as a criminal case. Criminal charges might result in jail time, probation, or fines. A wrongful death claim, on the other hand, is about financial compensation for the people left behind. It’s meant to help cover the real-life losses families face after losing someone they depended on emotionally, financially, and in so many other ways.
We see this often in our work as wrongful death attorneys. Someone runs a red light. Crosses the center line. Falls asleep at the wheel. These are everyday mistakes with devastating consequences. And when they take a life, Oklahoma law steps in to say, “This family deserves compensation.”
But it’s not just about proving fault. Oklahoma’s laws add layers, such as who can file a wrongful death suit and what damages are available. The wrongful death attorneys at Aizenman Law Group know these statutes inside and out, and use them to build strong cases for families seeking to pick up the pieces after a wrongful death accident.
Who Can File a Wrongful Death Lawsuit in Oklahoma?
One of the first things families ask us is, “Who’s supposed to file the claim?” A lot of people assume it automatically falls to the spouse or closest relative, but Oklahoma handles things a little differently.
The person who files the lawsuit is called the personal representative of the estate. Sometimes that’s a spouse. Sometimes it’s an adult child or a parent. Other times, it’s someone the court appoints if no one was named in a will.
But no matter who officially files the lawsuit, the purpose is the same: to help the people left behind. Under Oklahoma law, Okla. Stat. tit. 12, § 1053(B), the money from a wrongful death case goes to the surviving spouse, children, parents, or next of kin. It’s meant to help cover the financial gaps left by the loss—whether that’s lost income, funeral expenses, or just the basic support needed to keep a household running after such an unimaginable blow.
This is something we navigate carefully with families in personal injury cases like these. The legal logistics can feel cold and complicated when you’re grieving. That’s why we take that weight off your shoulders. You focus on your family. We handle the paperwork.
What Can You Recover in a Wrongful Death Claim?
No amount of money can fix what’s broken. Everyone we meet knows that going in. But the law recognizes that families need real help after losing someone, and that’s where a wrongful death claim comes in.
Depending on the case, families in Oklahoma can recover compensation for things like:
- Medical bills from the accident
- Funeral and burial costs
- The income your loved one would have earned
- Emotional pain and suffering
- The loss of companionship and guidance
In some cases, when the at-fault driver’s actions are particularly reckless—like driving under the influence or racing down the highway at dangerous speeds—there may also be punitive damages under Oklahoma law, Okla. Stat. tit. 12, § 1053(C). That’s the court’s way of punishing behavior that goes beyond ordinary negligence and making sure others think twice before doing the same.
But getting to those results takes work. It takes evidence. It takes knowing how to deal with insurance claims from companies that are more than happy to pay out as little as possible. And it takes the right strategy to prove not just what happened, but how deeply it has affected your life and your family’s future. That’s where we come in.
Why You Need a Wrongful Death Attorney
Losing someone in a car accident leaves you reeling. There’s the grief. The shock. The endless to-do list no one ever wants to have. And on top of it all, there’s the legal maze of filing claims, dealing with insurance companies, and figuring out what comes next.
That’s not something you should have to face on your own. At Aizenman Law Group, our Tulsa personal injury lawyers handle wrongful death cases from start to finish, so you can take the time you need to grieve while we handle the details.
Here’s what we do:
- Listen to your story and explain your options
- Investigate the accident and gather evidence
- Interview witnesses and experts
- Handle every conversation with the insurance companies
- Calculate what your family is truly owed—not just today, but long-term
- File the lawsuit if we can’t get a fair settlement
And if it comes to it, we’ll take your case to court and fight for every penny under Oklahoma Law.
One thing you should know: Oklahoma only gives you two years from the date of your loved one’s passing to file a wrongful death lawsuit. That may sound like a long time, but trust us—these cases take work. It’s better to start sooner rather than later.
We’re Here When You’re Ready
We know that no one ever wants to make this kind of phone call. But when you’re ready, we’re here to help. Whether your loved one was lost in a car accident, truck crash, or any other tragedy caused by negligence, our team is ready to stand beside you.
Call Aizenman Law Group today at 918-215-8856 any time day or night for a free consultation. We’ll listen. We’ll answer your questions. And together, we’ll figure out the next right step for your family.
