Oklahoma Personal Injury Cases and Important Information You Should Know Before Filing
Accidents can happen anytime
Accidents can leave you or your loved ones seriously injured. Personal injury law holds people, businesses, and organizations responsible for your injury. The National Center for Health Statistics, a department within the Centers for Disease Control and Prevention, has stated that around 31 million people are injured across our country each year that require medical treatment. Of these, some 2 million are severe enough to require some form of hospitalization. Additionally, 162,000 of these injuries are fatal.
Let’s put this into perspective:
Did you know that the Highway Safety Office discovered that more than 70,000 car accidents occur here in Oklahoma each year? And most are due to speeding or distracted driving. In 2011, there were an estimated 8 crashes every hour in Oklahoma and each year more than 650 die from motor vehicle crashes.
According to Oklahoma.gov,
“Falls are the leading cause of injury death among adults 65 years and older in Oklahoma. Every year falls result in the hospitalization of approximately 7,000 older adults and the death of more than 450 older adults.”
“Nearly 150 Oklahomans are hospitalized each year for bicycle-related injuries. In 2015, nearly 350 pedal cyclists (including bicycles, tricycles, etc.) were involved in traffic crashes on Oklahoma roadways. Three out of ten crashes involved children age 18 and under, and more than 40% occurred in a residential setting.”
Let’s talk about personal injury cases but before we start, here is a simple definition of personal injury.
Personal injury is a legal term for injuries to the body, mind or even emotional state. Personal injuries can include work accidents, defamation, traffic accidents, dog bites, semi-truck accidents, medical malpractice, physical assault and much more.
Personal Injury Compensation is meant to compensate the victim for what was lost because of the personal injury. Here are types of compensatory damages:
- Medical treatment
- Pain and suffering
- Lost of earnings
- Property damage/loss
- Loss of companionship
- Emotional distress
What You Should Know About Oklahoma Personal Injury:
How long do I have to file a lawsuit over a personal injury? Our Oklahoma law clearly states limited timeframes, also known as “statutes of limitations,” for going to court and filing a lawsuit over some kind of harm. For personal injury cases, you have two years from the date of the incident to file a lawsuit in the Oklahoma civil court system.
It’s important to remember this two-year time because if you miss the deadline and to file a lawsuit after two years, the court will more likely throw it out.
2) Difference between Personal Injury Lawsuit and Claim:
A lawsuit starts when you can’t reach an agreement with the Insurance claims adjuster.
A claim starts after a victim is injured and/or suffered property damage because of the other driver’s negligence. The victim would request the driver to help cover these costs and usually, the driver would turn the matter over to his insurance company.
3) Damage Caps:
In Oklahoma, there is a cap or limit on the amount of compensation the victim may receive for pain and suffering. Currently, Oklahoma allows up to $350,000 as compensation for non-economic damages and this includes all physical, mental and emotional suffering.
Insurance companies may even refuse to make a fair settlement offer or refuse to make any settlement offer of any kind. If you are unable to secure a fair settlement offer from the “at-fault” party’s insurance company on your own, or you are finding that your negotiations with the insurance company have broken down, you should contact a Tulsa personal injury attorney immediately.
Can I sue a personal injury without a lawyer?
Yes, however, we would advise against it. If you do decide to file without a lawyer, please make sure you have everything properly prepared and ready to go. You will need as much documentation as possible to prove your case. For example, those who do file on their own seem to make the same mistakes when settling personal injury claims:
- Not enough proper documentation
- Settling too soon
- Ignoring valid liens
But we believe if you’ve been hurt, the last thing you should have to worry about is your medical bills and finances. You need to focus on making a full recovery. The attorneys/lawyers at the Law Offices of Garrett Law Group are dedicated to protecting you and ensuring you receive the compensation you deserve for your injuries. We have the experience and skills needed, both inside and outside of the courtroom, to ensure you recover what you deserve. Let our Tulsa personal injury attorneys take on your case while you focus on healing.
It may seem contradictory to use the terms ethical and attorneys in the same sentence but at Garrett Law Group we pride ourselves on principles of honesty, hard work, fair dealing and compassion in our representation. We make it our mission to let clients focus on their well-being while we take care of the legal process. Our attorneys and staff are committed to adhering to a strict code of professional ethics. We dedicate ourselves to our clients’ best interests and making the legal process as painless and simple as possible for those in need. CLICK HERE to contact Garrett Law Group today.