What should I do if I am involved in an auto accident?
Even the smallest of accidents are known to bring on a headache and leave many individuals frustrated and confused. There are so many steps that need to be taken in order to recover the funds they need for incurred costs and it is often unclear as what requirements need to be fulfilled to obtain compensation if they were injured by a negligent individual.
Accidents can occur in one of two ways. They either transpire when someone is being careless and not fully paying attention to what they are doing, or one can occur without someone actually being negligent.
Some examples of being negligent include someone either driving while texting, driving under the influence of a substance or drug, failing to provide a safe environment, etc.
If you are looking for some relief and guidance as you begin the claims process to gain this compensation you deserve, USAttorneys works with the best Oklahoma accident attorneys whom they can place you in touch with.
Understanding Oklahoma’s Laws and How They Affect an Accident
Every state has a set of rules and guidelines they follow for when a citizen is involved in an accident. Our accident lawyers in OK are familiar with all the applicable laws and can use those to help get you one step closer to receiving the funds you are entitled to.
Because Oklahoma is an “At-Fault” state, this means that the person responsible for causing the accident is held liable and their insurance is expected to pay for the damages sustained. This means all those doctor visits, lost wages, and even the pain and suffering you have experienced are all to be compensated by the insurer of the at-fault person. The accident lawyers in Oklahoma featured on our site will work diligently to ensure you receive compensation for any damage you suffered.
What are Some Pros and Cons of At-Fault Insurance?
The good news is that because your state is an At-Fault one, the negligent individuals are going to be held accountable for their wrongdoing. Something else that is beneficial is that your insurance premium may not increase if you didn’t cause the incident.
On the other hand, you may experience a delay in settlement as each insurer is going to try and determine liability, and that can take time. If the at-fault driver or initiator of the accident doesn’t have insurance, you could run into some issues.
Let an Experienced Oklahoma Accident Attorney Take it from Here
If you were recently involved in an accident and you feel it may be difficult to prove liability, you may want to consult with a local OK accident law firm found right here on our site. We are only a phone call away and can provide you with helpful service to get you connected with the right lawyer who can help.
After an accident, attorneys in Oklahoma can fight for a victim’s right to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages.” Legal counsel is aware of an insurance company’s desire to close out claims quickly. Contacting an experienced attorney shortly after an accident will give attorneys the opportunity to research the case before an insurance company makes a low settlement offer. Legal counsel can build a strong case by sending investigators to the accident scene; reviewing police reports, witness testimony and medical reports; hiring appropriate financial experts to make valuations of loss; determining preliminary accident causes; supporting victim’s rights against aggressive insurance companies; and drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action to address costs above insurance policy limits. There is a two-year time limit to file legal action in these cases.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. An Oklahoma accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation and assist in determining what types of compensatory award damages are necessary to address: economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, including pain and suffering, loss of consortium, or companionship which are capped at $350,000 in Oklahoma.
Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim. They are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and awarded on a case-by-case basis. There is no limit on these damage awards when malice is proven.
When personal injury is caused by another’s actions in Oklahoma, the statute of limitations allows an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. An experienced Oklahoma accident attorney can apprise individuals of any deviations from that timeline.
Motor vehicle.
In a “modified comparative negligence” insurance state like Oklahoma, an accident victim can only recover damages if they are 50%, or less responsible for an accident. Victims can file a claim with their own insurer, file a claim directly with the fault party’s insurer, or sue the party at fault for the accident. In many cases the compensation will not be more than the fault party’s insurance policy limits. An accident report must be filed with Oklahoma Department of Motor Vehicles if injury, or death occurs, or property damage exceeds an amount of $300, or the accident claim has not been settled within 6 months from the accident date.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim. If a criminal component exists, that legal action may impact the civil case outcome.
Premises liability.
If an individual is hurt on another person’s property, they may take legal action if the accident was caused by poor property conditions, including improper maintenance, upkeep, or from unforeseen interactions with occupants, or others on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
Oklahoma medical malpractice actions occur when a person becomes injured while under the treatment of a practicing health care provider. Oklahoma caps non-economic damages at $300,000, regardless of multiple negligent parties to an action, or multiple actions for the named injury.
The time limitations to file a lawsuit fall within a two-year statute of limitations from the date the accident victim knew, or should have known through reasonable diligence of the existence of the underlying medical injury, or error occurrence. Always check with a medical malpractice attorney to ascertain if there are deviations from that timeline.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Oklahoma Workers’ Compensation Commission Claims Division on a client’s behalf.
Wrongful death.
In Oklahoma, family members, or legal representatives must file a wrongful death lawsuit within the two-year statute of limitations in order to secure compensation when a loved one dies because of the negligent, reckless, or deliberate act of another. An Oklahoma wrongful death attorney can assist with damages in these lawsuits that may include:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages compensation,
- Compensation for pain and suffering,
- Punitive damages based on the individual case.
It is important to remember that criminal proceedings for the same negligent act causing a wrongful death may impact a civil case. An accident victim in Oklahoma can take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team working toward a swift and fair monetary settlement.
