You can recover compensation by proving the other party’s negligence caused your injury, documenting your medical bills, lost wages, and pain and suffering, and filing within Oklahoma’s two-year deadline (12 O.S. § 95). Insurance adjusters routinely undervalue claims, so most injured Oklahomans use an attorney to negotiate or file suit for full value.
Oklahoma’s Personal Injury Laws
Oklahoma personal injury law covers car, truck, and motorcycle crashes, injuries from a hazardous property condition, medical malpractice, defective products, dog bites, and workplace accidents. To recover, you must show the other party was negligent and that the negligence directly caused your injury.
When does Oklahoma’s filing deadline expire?
Most Oklahoma personal injury claims must be filed within two years of the injury under 12 O.S. § 95. Missing this deadline generally bars recovery entirely, though exceptions can apply for claims involving minors or injuries that were not immediately apparent. Oklahoma’s discovery rule can delay the start of that two-year clock until an injury is reasonably discoverable, rather than the date of the underlying incident, which is why an exact deadline calculation needs an attorney’s review. See when Oklahoma’s injury-claim clock starts running for how those exceptions work.
Proving Negligence in Your Claim
What must I prove to win my case?
To succeed in an Oklahoma personal injury claim, you must establish four elements:
- Duty of care: the other party owed you a duty to act reasonably and avoid causing harm.
- Breach of duty: they breached that duty by acting, or failing to act, as a reasonable person would have under similar circumstances.
- Causation: that breach directly caused your injury.
- Damages: you suffered actual losses, such as medical expenses or lost wages, as a result.
What evidence supports my claim?
Build your case with police reports, medical records and bills, witness statements, photographs or video of the scene, and expert testimony where needed, such as an accident reconstructionist or treating physician. An attorney can help you gather and preserve this evidence before it disappears.
Calculating Damages You Can Recover
What types of damages are available?
Oklahoma allows recovery of both economic and non-economic damages: past and future medical expenses, lost wages and future earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may be available in cases involving especially reckless conduct.
If you share some fault for what happened, Oklahoma’s comparative negligence law (23 O.S. § 13) reduces your recovery by your percentage of fault, and bars it altogether if you were more at fault than the other party.
How is pain and suffering valued?
Pain and suffering is subjective, so insurers and juries weigh factors like the severity and duration of your injuries, how they affect your daily life and relationships, and whether the consequences are ongoing or permanent. See how Oklahoma values a pain and suffering claim for the methods attorneys use to put a number on it.
Dealing with the Insurance Company
What happens when the insurer contacts me?
After a personal injury, expect a call from the at-fault party’s insurance company. Adjusters are trained to protect their employer’s bottom line, not to look out for you. Do not give a recorded statement without talking to an attorney first, do not sign anything or accept an offer without legal guidance, and route further communication through your lawyer. See what to know before you talk to the adjuster.
What tactics do adjusters use to reduce my payout?
Common tactics include a fast, low initial offer meant to close the file before you know your injuries’ full extent, requests for a recorded statement to use against you later, arguments that your injuries pre-existed the incident, and claims that you were partly or fully at fault. Understanding how insurers evaluate an injury claim helps you recognize these tactics before they cost you money.
Why an Experienced Attorney Matters
How can an attorney help my case?
A skilled personal injury attorney can investigate your case and gather evidence, handle all communication with insurers and the at-fault party, negotiate a fair settlement, take your case to court if needed, and make sure your rights are protected at every step.
What should I look for in an Oklahoma injury attorney?
Look for a lawyer with experience handling cases like yours, a track record of settlements and verdicts, clear and responsive communication, and a contingency-fee arrangement so you owe nothing unless they recover for you. The Oklahoma Bar Association’s public resources can help you confirm a lawyer’s license and standing before you hire them.
Common Mistakes That Can Hurt Your Claim
Protect your compensation by avoiding these mistakes: delaying medical treatment, giving a recorded statement to the insurance company, accepting a settlement before talking to an attorney, posting about the incident or your injuries on social media, and waiting too long to file your claim.
How can I protect my claim?
Follow your doctor’s treatment plan and attend every appointment, keep detailed records of your losses and expenses, avoid discussing your case with anyone but your attorney, never admit fault or apologize for the incident, and talk to an experienced personal injury attorney before making decisions about your case.
Get the Compensation You’re Owed
If someone else’s negligence hurt you or a loved one in Oklahoma, the attorneys at Hasbrook & Hasbrook can evaluate your claim and take on the insurance fight for you, across the injury cases we handle, including vehicle crash injury claims in Oklahoma City.
For a free review of your case, talk to us about your injury claim. Hasbrook & Hasbrook only gets paid if we recover money for you.
