Chris Hammons | March 11, 2024 | Car Accidents
Two common questions our Oklahoma City car accident attorneys answer are “How long after an accident can you file a claim?” and “How long after an accident can you sue?” A better question would be, “When should I call a lawyer about a car accident in Oklahoma City? The answer would be “as soon as possible.”
There are time limits on how long you have to file a car accident claim in Oklahoma City. Missing a deadline could cause you to lose the right to file a personal injury lawsuit. Therefore, it is always best to consult an attorney as soon as possible after a car accident.
How Long After an Accident Can You File a Claim in Oklahoma City, OK?
A statute of limitations sets a deadline for filing lawsuits. If you file the lawsuit after the deadline, a judge can dismiss the lawsuit without considering whether you have a valid claim.
The Oklahoma statute of limitations for most car accidents is two years after the accident date. However, exceptions to the statute of limitations can change the deadline. Likewise, the facts in your case could change the deadline for filing a car accident lawsuit, so always consult an attorney promptly to determine the time limit for your case.
Even though your deadline to file a claim after a car accident is two years, it is unwise to wait that long to hire a lawyer. You must prove the other driver caused the crash to recover compensation for damages.
The longer you wait to hire an attorney, the harder it could be to prove your case. Evidence you need to prove liability could be lost or destroyed. It might be more difficult to locate eyewitnesses, and their memories of the accident might have faded with time.
How Do I File a Car Accident Claim?
Most car accident claims begin as insurance claims. Oklahoma drivers are required to have minimum amounts of car insurance. The law requires drivers to have:
- $25,000 in liability insurance for bodily injury to one person
- $50,000 in liability insurance for bodily injury for all persons per accident
- $25,000 in property damage coverage
Liability insurance compensates accident victims for economic and non-economic damages when a driver causes an accident. Since Oklahoma is an “at-fault” state, accident victims file a claim with the insurance provider for the at-fault party.
However, filing a claim and receiving a fair settlement is not the same thing. Insurance companies do not consider a victim’s best interest when making a settlement offer. Instead, the company tries to limit its responsibility for damages so it can pay the lowest amount possible to resolve the claim.
Do I Need a Lawyer To File a Car Accident Claim?
You do not need to hire a lawyer to file a car accident claim in Oklahoma City. However, you may want to consider hiring an Oklahoma City personal injury lawyer after a car accident because:
You Must Prove Liability To Recover Damages
You have the burden of proving all legal elements required to hold the other driver financially responsible for your damages. Therefore, you must have sufficient evidence to prove:
- Duty of care
- Breach of Duty
- Causation
- Damages
Attorneys understand the law and how to use evidence to prove your case. They also have the resources, time, and skills necessary to conduct a thorough investigation to gather evidence, including hiring expert witnesses as necessary.
It Is Difficult To Evaluate Damages
Damages in a car accident case include physical injuries, financial losses, and emotional distress. A lawyer knows what damages you can receive for a car accident claim. They also know how to value the damages accurately. An insurance adjuster is not a reliable or trusted source to obtain advice about how much your case is worth.
You May Need To File a Lawsuit
While most car accident claims settle out of court, you might need to file a lawsuit. Filing a lawsuit puts pressure on the insurance company to negotiate a fair settlement. If negotiations fail, you may need to fight your case in court. Hiring an attorney early in the case means you are ready if you need to take your case to trial.
What Should I Do After an Oklahoma City Car Accident?
If you were injured in a car accident in Oklahoma City, taking advantage of a free consultation with an Oklahoma car accident lawyer can be worthwhile. The best way to protect your rights after a car accident is to understand and explore your legal options.
Contact Our Car Accident Lawyers at Laird Hammons Laird Trial Lawyers for a Free Consultation
For more information, please contact an experienced car accident lawyer at Laird Hammons Laird Personal Injury Lawyers to schedule a free initial consultation today. Our law office is located in Oklahoma City.
We proudly serve Oklahoma County, OK and its surrounding areas:
Laird Hammons Laird Personal Injury Lawyers – OKC
1332 SW 89th St,
Oklahoma City, OK 73159
(405) 497-0480