In Enid, Oklahoma, you generally have two years from a car accident or other personal injury to file a lawsuit under 12 O.S. § 95. If a government entity caused the crash, the Governmental Tort Claims Act requires written notice within one year under 51 O.S. § 156. Missing either deadline can end your claim.
Enid is more than a stop on the map. It is where the Cherokee Strip Regional Heritage Center tells the story of the 1893 land run, where families spend weekend mornings at Meadowlake Park, and where the Tri-State Music Festival and Enid High Plainsmen games fill the calendar each year. When a car accident, a fall, or another person’s carelessness interrupts that routine, Hasbrook & Hasbrook works with injured people throughout Garfield County to sort out what comes next.
Types of Personal Injury Claims We Handle for Enid Clients
Personal injury covers several practice areas; the ones we see most often from Enid and the surrounding area include:
- car accident injury claims for Enid drivers
- a semi-truck or delivery-truck crash
- a fall caused by an unsafe property condition
- injuries from a dog bite or attack
- a claim after losing a family member
Liability and Negligence in an Enid Injury Claim
A personal injury claim generally rests on showing that another person or company failed to use reasonable care and that failure caused your injury, the legal concept known as negligence. This covers everything from a distracted driver to a store that ignores a known hazard on its property. If negligence caused your injury, you may be entitled to compensation for medical bills, lost income, and pain and suffering.
Car Accidents, Shared Fault, and Insurance Claims in Enid
Oklahoma follows a modified comparative negligence rule. Under 23 O.S. § 13, being partly at fault for a car accident does not bar your claim; recovery is barred only once your own fault outweighs the other driver’s. Short of that line, 23 O.S. § 14 reduces the award in proportion to your share of fault.
For example, a jury verdict of $80,000 reduced by 25 percent fault becomes $60,000 rather than being eliminated. This is a plain-English illustration only, not a figure from an actual case.
After a crash, report it, document the scene and your injuries with photos, and notify the other driver’s insurer. Insurance adjusters are trained to settle for less than a claim is worth, so it helps to understand how an Oklahoma jury’s fault finding changes your final award before you accept an early offer. For a broader look at how states handle shared fault, see this plain-language explainer on comparative negligence from Cornell’s Legal Information Institute. If the at-fault driver had no insurance or not enough, uninsured motorist coverage on your own policy may still cover your losses.
Filing Deadlines and Claims Against a Government Entity
Oklahoma generally gives you two years from the date of injury to sue, under 12 O.S. § 95 (cited above). If the at-fault party is the City of Enid, Garfield County, or another Oklahoma government agency, a road hazard or a city vehicle, for example, the Governmental Tort Claims Act requires written notice within one year of the loss, under 51 O.S. § 156 (cited above). The government then has 90 days to approve or deny the claim, and if it denies the claim, 51 O.S. § 157 gives you only 180 days after that to file suit. Our page on what happens if a city or county caused the crash covers the notice process in more detail.
Enid personal injury lawsuits are ordinarily filed in the Garfield County District Court, since Garfield County has its own trial court and Enid is the county seat.
What It Costs to Hire an Enid Personal Injury Lawyer
Like most personal injury attorneys, we work on contingency: no upfront cost, and no fee unless we recover money for you. Our FAQ on how a no-recovery, no-fee arrangement works explains the details. If you do file suit, the Garfield County Court Clerk currently charges $232.14 to file a new personal injury lawsuit, a cost your attorney can advance on your behalf.
Frequently Asked Questions
What if the insurance company denies my Enid claim or offers too little?
An initial denial or lowball offer is not the final word. An attorney can push back with medical records and evidence, and if a fair settlement is not reached, the claim can proceed toward a lawsuit.
What happens if the driver who hit me has no insurance?
Oklahoma does not require drivers to carry uninsured motorist coverage, so not everyone has it. If you do, it can cover medical bills, lost income, and other losses when the at-fault driver cannot.
Do I still have a case if I was partly at fault for the accident?
Usually, yes. Oklahoma’s comparative negligence law lets you recover a reduced award unless your own fault was greater than the other party’s.
Talk to an Enid Personal Injury Lawyer
Evidence fades and filing deadlines run whether or not you have a lawyer working on your case, so an earlier look at what happened usually preserves more options than waiting does. Hasbrook & Hasbrook does not charge anything to review an Enid injury claim and tell you honestly what we think it is worth.
Call (405) 605-2426 or start a free review of your Enid claim today.
