What You Need to Know About Personal Injury Cases in Oklahoma
Most individuals understand that when you are in a car accident and suffer an injury, your first step is to seek medical attention and the second is to obtain representation for any resulting personal injury cases in Oklahoma.
Beyond that, personal injuries in Tulsa, Oklahoma can be very tricky and difficult to navigate on your own.
Let’s discuss the four most important facts that you need to know about personal injuries in Oklahoma to be better prepared if this tragic event should ever happen to you or a family member.
1. Statutes of Limitations
Statutes of limitations, also known as time limits, exist for almost every type of case that can be brought to court. In personal injury cases in Oklahoma, a victim (or plaintiff) must bring a case before the courts within two years of the date of the accident.
However, even though you have two years to file, your personal injury attorney will insist that you file as soon as possible.
Filing promptly signals to the insurance company with that you have professional legal representation, this case is serious, and you intend to obtain a fair settlement.
Personal injury cases in Oklahoma that are not treated with urgency by the plaintiff tend to have lower settlement amounts.
2. Modified Comparative Fault
There are some personal injury cases in Oklahoma where both parties are at fault and contributed to the accident and the injuries sustained. In Oklahoma, the modified comparative fault doctrine is applied in order to determine what percentage of fault the victim contributed to the accident.
If the victim was less than 50 percent at fault, then they receive a settlement based on the percentage that they were not at fault. For example, if a plaintiff is 30 percent at fault and they are offered $100,000 for a settlement, they will only be entitled to 70 percent (or $70,000) of that settlement amount.
However, if you are 51 percent or more at fault for the accident, you are not entitled to any compensation.
3. Recovery Limits
In personal injury cases in Oklahoma, plaintiffs cannot sue insurance companies for as much money as they wish. There are caps that are established for how much pain and suffering, also known as non-economic damages, a plaintiff can receive.
Non-economic damages are those emotional circumstances for which any amount of money cannot make the situation better. This includes mental health disorders, loss of companionship, the pain of losing a limb and not being able to compete in marathons as the victim once did, etc.
For non-economic damages, Oklahoma has set a cap of $350,000.
However, there are four situations in which unlimited non-economic damages can be awarded.
- The accident happened as the result of someone else’s reckless disregard of the rights of others.
- The offender was grossly negligent.
- Fraud was involved in the accident.
- The offender intentionally acted with malice.
Economic damages include medical bills, loss of income, loss of future income, transportation to and from medical treatments, and in-home medical care. In other words, actual expenses that directly resulted from the accident.
Keep and organize all relevant receipts; this allows your Tulsa personal injury attorney to accurately present your financial losses.
4. Strict Liability
There are some personal injuries in Oklahoma where the victim receives an undisputed right to full financial recovery.
This law is most often applicable in dog bites or dog attacks.
Even if a dog has never shown aggression before, if the dog bites or attacks someone, the dog’s owner is completely liable. Also, there is a much lower burden on the victim to prove fault.
Free Consultation with a Tulsa Personal Injury Attorney
Personal injury cases in Oklahoma are not something to take lightly; knowing the process is essential.
Consulting with an attorney as soon as possible in the event you are injured in an accident is very important in order to preserve your rights, ensure the insurance companies take you seriously, establish the elements for a no limit recovery, and obtain a fair settlement.
Hiring a knowledgeable and experienced Oklahoma personal injury attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa personal injury attorney when you need to go through the Oklahoma personal injury civil process.
For a free, confidential consultation, call 918-924-5528 today.
