You may not need an Oklahoma City car accident lawyer for a fender bender or another small claim. The more money that’s at stake, however, the more likely it is that you’re going to need a lawyer to help you fight for your rights.
Background: Oklahoma Car Accident Law
Oklahoma is an “at-fault” car accident state, meaning that you can sue the at-fault driver immediately or file a third-party claim against their liability insurance provider.
Oklahoma requires its drivers to carry the following minimum amount of liability insurance:
- $25,000 per person for bodily injury;
- $50,000 per accident in bodily injury; and
- $25,000 for property damage.
Oklahoma does not require drivers to carry uninsured/underinsured motorist coverage, but the insurance company must offer it to drivers. Drivers must specifically refuse the offer to avoid coverage (and the associated cost).
Below is a list of red flags that should prompt you to seriously consider whether it’s time to call a lawyer.
You Might be Partly Responsible for the Accident
If the accident was partly your fault, you could share liability with the other driver. However, if you are found to be more than 50% at fault, you will lose all right to compensation. In other words, there is a huge liability gap between 49% fault and 50% fault. That’s where a lawyer could greatly benefit you.
You Suffered Serious Losses
The more serious the injury, the more money will be at stake. The more money at stake, the harder the defendant will fight to avoid paying. The harder the defendant fights, the more you need a lawyer.
If you suffered complex or long-term medical issues, significant emotional or psychological impacts, or extreme property damage, you’ll benefit greatly from hiring a lawyer. Your lawyer will be able to connect you with important resources and hire medical or financial experts if needed.
If you lost a loved one to a car accident, wrongful death claims are complex, involve a lot of money, and are likely to elicit strong resistance from the defendant.
If you’ve suffered serious losses, you shouldn’t try to handle the claim yourself. You’ll likely face a much better outcome with a lawyer on your side.
The Other Party Was An Underinsured or Uninsured Motorist
If the defendant lacks insurance, you’re going to need another source of compensation. Hopefully, you purchased underinsured motorist insurance. In the case of a large claim, however, even that might not be enough. A lawyer can help you seek alternative sources of compensation—a nightclub that sold alcohol to the at-fault driver, for example.
Multiple Parties Were Involved
Certain types of vehicle accidents generate multiple parties. Freeway pile-ups involve multiple parties for obvious reasons. Truck accidents often generate multiple parties such as the driver, the trucking company, the maintenance company, the truck manufacturer, etc.
The Accident Was Caused by a Road Rage Incident
If the at-fault driver deliberately caused your accident in a fit of road rage, you are not dealing with a negligence claim. This is both an intentional tort and a crime. It is likely that you qualify for punitive damages in addition to the ordinary economic and non-economic damages. You’ll need a lawyer because a demand for punitive damages triggers a higher burden of proof than a claim for ordinary damages.
The At-Fault Party Was an On-Duty Employee
An on-duty employee, such as a delivery driver, might not have enough financial resources to pay your claim. Their employer is far more likely to have the ability to pay. You can rely on the ancient legal principle of respondeat superior to hold the employer liable for the driver’s misconduct. This is where the services of a lawyer might come in handy.
The Insurance Adjuster Stonewalls You Or Denies Your Claim
Insurance adjusters are far more likely to simply ignore the claim of someone who is representing themselves than someone who has hired a reputable personal injury attorney to represent them.
An insurance company should not deny your claim without giving you a plausible reason. If they do anyway, you might have a “bad faith insurance” claim against them. A lawyer can help you press such a claim.
You Have a Pre-Existing Condition
You could run into trouble enforcing your claim if you have a pre-existing condition that your accident worsened. Legally, a pre-existing condition does not disqualify you from compensation, But an insurance company will seize upon to say that your current condition was 100% caused by your pre-existing condition, not your recent accident.
You Delayed Seeking Medical Treatment
You might delay seeking medical treatment because your symptoms did not appear until some time after your accident. The more you delay, however, the harder your claim will be to enforce. Your best bet is to seek medical attention if you suffered any impact at all, even if symptoms don’t appear immediately.
Your Situation is Scientific Complex
Product liability claims and medical malpractice are two examples of claims that often raise complex scientific issues. A skilled Oklahoma personal injury lawyer can handle these claims, although they might need the help of an expert witness.
Contact an Oklahoma City Personal injury Attorney
The older your car accident claim gets, the weaker it will become. Contact an experienced Oklahoma City personal injury lawyer at your earliest convenience to schedule a free initial case consultation. And don’t worry about money. Personal injury lawyers typically won’t charge you anything in legal fees unless they win your case.