If you were injured in an accident in Oklahoma City, OK, you might have questions about your legal rights and options. It can be difficult to know what to do next in order to recover the compensation you need and deserve – especially when you are dealing with significant financial expenses on top of your pain and suffering.
Laird Hammons Laird Personal Injury Lawyers is here to help. In this article, we’ll cover some of the most common FAQs about personal injury cases.
Our Oklahoma City personal injury attorneys are passionate about helping accident victims in the area and are prepared to take any case all the way to trial if that’s what’s best. Contact us today at (405) 497-0480 to schedule a free consultation.
How Can an Oklahoma City Personal Injury Lawyer With Laird Hammons Laird Personal Injury Lawyers Help Me?
Our Oklahoma City personal injury lawyers know the ins and outs of personal injury, or tort, law. Since our founding, Laird Hammons Laird Personal Injury Lawyers has helped resolve our clients’ legal matters in their favor. We have successfully recovered more than $100 million in compensation for accident victims in the area to date.
Our lawyers handle all aspects of personal injury claims in Oklahoma City, OK, including:
- Initial case evaluation
- Preservation and compilation of evidence
- Claim paperwork
- Communication on your behalf
- Negotiation of a fair settlement
- Legal advice and representation
Our compassionate accident lawyers are here to help. Call us today for your free case consultation.
What Is a Personal Injury?
Personal injuries occur when someone is injured under circumstances in which another party is responsible. The accident is usually because of another party’s negligence or wrongdoing.
Why Should I File a Personal Injury Claim?
Oklahoma law recognizes that no one has the ability to reverse the situation and prevent you from being injured. Its only remedy may be to award you financial damages paid by the party who is responsible for your injuries.
A personal injury claim can help you recover compensation for the losses you suffer because of someone else’s negligence, such as medical expenses, pain and suffering, and lost wages. This compensation may be able to help you have greater financial security during your next phase of life.
Additionally, filing a personal injury claim may help give you the accountability you want after someone else’s wrongful act harmed you.
What Is My Personal Injury Case Worth?
Every personal injury claim is different. The amount you can recover can depend on factors such as:
- The type and severity of your injuries
- Whether any injuries were permanent
- How long it took you to recover
- The long-term impact of the accident on your life
- How much time you missed from work
- The parties involved in your case
- The insurance available to cover the accident
- Whether you shared any liability for the accident
An experienced personal injury lawyer can analyze these and other factors to give you a better idea about the potential compensation you stand to recover.
What Types of Damages Can I Recover in an Oklahoma City Personal Injury Case?
Personal injury victims can recover compensation for their economic and non-economic damages. Punitive damages may be available as well, but only in rare cases.
Economic damages include:
- Medical costs to diagnose and treat your injuries
- Emergency medical treatment and transportation
- Rehabilitation costs
- In-home care
- Mental health counseling
- Lost wages and employment benefits
- Reductions in long-term earning ability
- Reduced earning capacity
- Costs to repair or replace your damaged personal property
- Out-of-pocket expenses, such as mileage for medical appointments or alternative transportation expenses
Non-economic damages might include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement and scarring
- Reduced life enjoyment
- Loss of consortium
An experienced lawyer can work closely with you to determine how the accident affected you and the types of damages you may be able to seek compensation for.
What Are Common Causes of Personal Injuries in Oklahoma City?
Some of the most common causes of personal injury cases in Oklahoma City are:
- Truck accidents – Truck accidents can be caused by many different factors, including driver error, unqualified drivers, violation of the hours of service rules, or defective auto parts, to name a few. As such, many different parties may be responsible for these accidents, including drivers, trucking companies, cargo loading companies, truck owners, and truck maintenance companies.
- Motorcycle accidents – Motorcycles can result in serious injuries such as traumatic brain injuries, spinal cord injuries, and road rash. A personal injury claim may be able to help you recover the compensation you need to rebuild your life after an accident.
- Car accidents – Thousands of people are killed every year and millions are injured in car accidents. Getting to the bottom of these accidents is important to ensure you can maximize your recovery against the responsible party or parties.
- Wrongful death – Wrongful death claims allow surviving family members to file a claim for compensation when they lose a loved one in an accident.
If you were injured in any of the types of cases outlined above, contact an Oklahoma City personal injury lawyer for a free, no-obligation case review.
Who Can File a Personal Injury Lawsuit in Oklahoma CIty?
Generally, the person who was injured in the accident can file a personal injury lawsuit. However, there are certain situations when others might have to file a lawsuit. For example, if the injured party was a minor child or an incapacitated adult, the party’s legal guardian may have to file a claim. In wrongful death cases, only the decedent’s personal representative can file a lawsuit.
Do I Have a Claim?
If you are wondering whether you have a viable personal injury claim, the best way to find out is to contact an experienced Oklahoma City personal injury lawyer for a free case review. A lawyer can review your specific circumstances and explain your legal rights and options.
At Laird Hammons Laird Personal Injury Lawyers, we don’t charge for initial consultations, so there is no risk in contacting us to learn whether you might have a claim.
Can I Recover Compensation if I’m Being Partially Blamed for the Accident?
Under Oklahoma’s modified comparative fault law, you can still file a personal injury claim and seek compensation even if you were partially at fault for the accident as long as you are not more than 50% at fault for the accident.
However, your compensation is reduced by your degree of fault. For example, if you are found 20% at fault for the accident, your compensation would be reduced by 20%. An attorney can advocate for you and aim to ensure you aren’t assigned undue fault.
How Do I Prove Fault in an Oklahoma City Personal Injury Case?
Most personal injury cases are based on the legal theory of negligence. To prove negligence, you have to show:
- The defendant owed you a duty of care.
- The defendant violated the duty of care.
- Because of the violation of the duty of care, you were injured.
- You suffered damages.
As an example, suppose you are injured in an accident. To prove your case, you would show the defendant was responsible for following traffic laws. The defendant violated the duty of care by speeding, texting while driving, or committing another traffic mistake. Because the defendant sped, texted, and engaged in another similar type of behavior, you were injured. You suffered medical expenses and lost wages.
Proving these four legal elements usually requires objective evidence, such as:
- Accident reports
- Photos of the accident scene
- Physical evidence, such as skid marks and property damage
- Corroborating witness statements
- Videos from traffic cameras or dash cams
- Electronically-stored information
- Personnel records
- Medical records
In some cases, personal injury lawyers might hire subject matter experts to testify to further bolster your case.
In personal injury cases, you have the burden of proof. This means that you have the responsibility to prove the accident happened, the defendant is at fault, and you suffered damages. To meet this burden, you must provide proof by the preponderance of the evidence, which means that it is more likely than not that the defendant caused your injury.
What Is the Time Limit To File a Personal Injury Lawsuit in Oklahoma?
Every state has a particular deadline by which a lawsuit must be filed, known as the statute of limitations. The statute of limitations for personal injury lawsuits in Oklahoma is generally two years from the accident date.
There are some exceptions that could make this deadline longer or shorter, so it’s a good idea to contact a knowledgeable personal injury lawyer who can review the circumstances of your case and tell you the deadline that applies to your case.
How Long Will My Oklahoma City Personal Injury Case Take?
Because every case is unique, there is no set amount of time the case will take. There are many different factors that can affect the duration of your case, such as:
- How long it takes for you to recover or reach maximum medical improvement
- The type of accident you had
- The number and identity of the defendants
- Whether the insurance company offers a reasonable settlement
- Whether liability is in dispute
- Whether you have to file a lawsuit
When you hire our personal injury law firm, we will do all we can to expedite your claim and ensure you are treated fairly. If the insurance company or defendant does not negotiate in good faith, we are not afraid to take your case to court to demand fair compensation for your injuries. Either way, you will know that our team will provide you with the dedicated attention and support you need while advocating for your best interests.
Call Our Trusted Oklahoma City Personal Injury Attorneys for a Free Case Consultation
Dealing with a personal injury can be overwhelming. If you were hurt because of someone else’s negligence, you should not have to bear the burden. Our experienced Oklahoma City personal injury lawyers from Laird Hammons Laird Personal Injury Lawyers can help walk you through this process. Contact us today at (405) 497-0480 for your free case review.