How Can I Get Compensation for My Personal Injury in Oklahoma?

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on November 15, 2024

Fact-Checked
Office Information
Address
Hasbrook & Hasbrook
400 N Walker Ave #130, Oklahoma City, OK
Phone: 405-605-2426

If you’ve been injured due to someone else’s negligence in Oklahoma, you may be entitled to compensation for your losses. To successfully obtain compensation, it’s essential to understand the state’s personal injury laws, gather evidence to support your claim, and work with an experienced attorney who can guide you through the legal process.

Oklahoma’s Personal Injury Laws

Oklahoma Personal Injury LawsOklahoma personal injury law covers a wide range of accidents, including car, truck, and motorcycle accidents, slip and fall accidents, medical malpractice, defective product injuries, dog bites, and workplace accidents. To have a valid personal injury claim, you must prove that the other party was negligent and that their negligence directly caused your injuries.

How does Oklahoma’s statute of limitations affect my personal injury claim?

In Oklahoma, the statute of limitations for most personal injury claims is two years from the date of the injury (Okla. Stat. tit. 12, § 95). This means that you have two years to file a lawsuit against the responsible party. If you fail to file within this timeframe, you may lose your right to seek compensation. There are some exceptions to this rule, such as cases involving minors or injuries that were not immediately apparent, but it’s crucial to consult with an experienced personal injury attorney as soon as possible to ensure your claim is filed within the appropriate time frame.

Proving Negligence in an Oklahoma Personal Injury Case

What elements must be proven to establish negligence in an Oklahoma personal injury case?

To succeed in an Oklahoma personal injury claim, you must prove that the other party was negligent by establishing four key elements:

  1. Duty of care: The defendant owed you a duty of care to act in a reasonable manner to prevent harm.
  2. Breach of duty: The defendant breached this duty by acting or failing to act in a way that a reasonable person would have under similar circumstances.
  3. Causation: The defendant’s breach of duty directly caused your injuries.
  4. Damages: You suffered actual damages, such as medical expenses, lost wages, or pain and suffering, as a result of the defendant’s negligence.

What evidence can support my personal injury claim in Oklahoma?

To prove negligence and build a strong case, gather evidence such as police reports, medical records, and bills, witness statements, photographs or video footage of the accident scene, and expert testimony (e.g., accident reconstruction specialists or medical experts). An experienced personal injury attorney can help you collect and preserve this evidence to support your claim.

Calculating Damages in an Oklahoma Personal Injury Claim

What types of damages can I recover in an Oklahoma personal injury case?

In Oklahoma, you may be entitled to recover both economic and non-economic damages, including medical expenses (past and future), lost wages and future earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the defendant’s conduct was particularly egregious or reckless.

How are pain and suffering damages determined in Oklahoma personal injury claims?

Pain and suffering damages are subjective and can be challenging to quantify. Factors that may be considered when determining these damages include the severity and duration of your injuries, the impact of your injuries on your daily life and relationships, the extent of your physical pain and emotional distress, and the likelihood of ongoing or permanent consequences. An experienced personal injury attorney can help you assess the value of your pain and suffering damages and negotiate a fair settlement.

Dealing with Insurance Companies in Oklahoma Personal Injury Cases

What should I do when contacted by an insurance company after a personal injury in Oklahoma?

After a personal injury, you may be contacted by the at-fault party’s insurance company. Remember that insurance adjusters are trained to minimize payouts and protect their company’s interests. To protect your rights, do not provide a recorded statement without consulting an attorney, do not sign any documents or accept a settlement offer without legal guidance, and direct all communication with the insurance company through your attorney.

What tactics do insurance companies use to minimize payouts in Oklahoma personal injury cases?

Insurance companies may employ various tactics to reduce or deny your claim, such as offering a low initial settlement in hopes that you’ll accept it quickly, requesting a recorded statement to use against you later, arguing that your injuries were pre-existing or not caused by the accident, or claiming that you were partially or fully at fault for the accident. An experienced personal injury attorney can anticipate these tactics and fight for the compensation you deserve.

The Importance of Hiring an Experienced Oklahoma Personal Injury Attorney

How can a personal injury attorney help with my case in Oklahoma?

Hiring a skilled personal injury attorney can significantly impact the outcome of your case. An attorney can thoroughly investigate your case and gather evidence, handle communication with insurance companies and the at-fault party, negotiate a fair settlement on your behalf, represent you in court if necessary, and ensure your rights are protected throughout the legal process.

What should I look for when choosing a personal injury lawyer in Oklahoma?

When selecting a personal injury attorney, look for someone who has experience handling cases similar to yours, possesses a track record of successful settlements and verdicts, is responsive and communicates clearly, and works on a contingency fee basis (meaning they only get paid if you win), and makes you feel comfortable and confident in their abilities.

Common Mistakes to Avoid in an Oklahoma Personal Injury Case

To protect your rights and maximize your compensation, avoid these common mistakes: failing to seek prompt medical attention, providing a recorded statement to the insurance company, accepting a settlement offer without consulting an attorney, posting about your accident or injuries on social media, and waiting too long to file your claim or lawsuit.

How can I protect my personal injury claim in Oklahoma?

To safeguard your personal injury claim, follow your doctor’s treatment plan and attend all medical appointments, keep detailed records of your expenses and losses related to the accident, refrain from discussing your case with anyone except your attorney, do not admit fault or apologize for the accident, and consult with an experienced personal injury attorney before making any decisions about your case.

Get the Help You Need from Hasbrook & Hasbrook

If you or a loved one has been injured due to someone else’s negligence in Oklahoma, the experienced personal injury attorneys at Hasbrook & Hasbrook are here to help. We understand the physical, emotional, and financial challenges you may be facing, and we’re dedicated to fighting for the compensation you deserve.

Our team has a proven track record of success in handling a wide range of personal injury cases, from car accidents to medical malpractice. We work on a contingency fee basis, which means you won’t owe us anything unless we win your case.

Fact-Checked

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.