How Long Will My Oklahoma Car Accident Cases Take?

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on April 30, 2024

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If you’ve been involved in a car accident in Oklahoma, you may be considering filing a lawsuit to seek compensation for your injuries and damages. One of the most common questions our clients at Hasbrook & Hasbrook ask is, “How long will my car accident lawsuit take?” The answer depends on several factors that can cause the claim to take longer than it should.

Factors That Influence the Length of a Car Accident Lawsuit

How Long Does an Oklahoma Car Accident Lawsuit TakeHow Does the Complexity of the Case and Severity of Injuries Affect the Lawsuit Duration?

More severe accidents often necessitate longer investigation and negotiation periods, as the extent of damages and necessary evidence may be more substantial. Furthermore, serious injuries that require long-term treatment can extend the settlement process, as the full scope of your medical needs and expenses may not be immediately evident. The insurance company may push an “early settlement” while you’re still treating, or even a week after the wreck. The problem is that this doesn’t cover the medical expenses you incur after the settlement.

Liability Disputes and Insurance Company Cooperation

Determining fault in a car accident delays the process, mainly when liability is not straightforward. The claim may take longer if the other driver’s insurance company challenges your claim or asserts that you were partially at fault. Delays can also arise if the insurance company is uncooperative or slow to respond to your attorney’s requests for information. Sometimes, the adjuster has too many claims files and doesn’t return phone calls.

Court’s Caseload and Scheduling

If the court has a heavy caseload, it may take longer to secure a trial date. Once a lawsuit is filed, and the defendant is served (and files an Answer), the next step in getting a trial date lined up as soon as possible is to file a “Motion to Enter on the Court’s Docket.” This will will get a hearing date lined up where the attorneys for the plaintiff and the defendant’s insurance company will meet with the judge to outline the scheduling deadlines for the case. Most of the deadlines are set based on when the “Pretrial Conference” is scheduled. Most judges will set the trial date at the Pretrial Conference.

Motion to Enter on the Court’s Docket

A request filed by a party asking the court to officially add a case or matter to its schedule for consideration and future proceedings.

Motion to Enter Hearing

A request submitted to the court by a party to schedule a specific date and time for a hearing on a particular issue or matter in a case.

Discovery Cutoff and Deadlines

The dates set by the court or agreed upon by the parties by which the exchange of information and evidence (known as discovery) between the parties must be completed. This ensures that all parties have access to relevant information before trial.

Car Accident ExhibitMediation

Most Oklahoma judges require a mediation before the Pretrial Conference.

Pretrial Conference

A meeting between the judge and the parties or their attorneys before a trial begins. The purpose is to discuss the case issues, clarify any questions, explore settlement possibilities, and set a timeline for the trial. This conference helps streamline the trial process and ensures all parties are prepared.

The Pre-Litigation Phase

What Happens During the Investigation and Demand Letter Phase?

The car accident claim process typically commences with an initial investigation by your attorney and sending a demand letter to the other driver’s insurance company. This phase involves gathering evidence, reviewing police reports and medical records, and calculating damages. Your attorney will then send a demand letter outlining your case and the compensation you seek. This phase can take several weeks to a few months, depending on the complexity of your case.

Common Pre-suit Delay

When trying to move a case along as quickly as possible, the biggest hurdle is when the plaintiff is still undergoing treatment related to the wreck.

What Are the Key Aspects of Settlement Negotiations?

After sending the demand letter, your attorney will negotiate a settlement offer with the insurance company. If the parties are open to negotiation and agree on a fair settlement, your case may be resolved relatively quickly. However, if liability is contested or the settlement offer is unsatisfactory, the next step is to file a lawsuit.

How long should we wait after the demand letter is sent?

We give the insurance company two weeks to review the demand letter before we follow up. After following up, we provide the adjuster another week to evaluate the claim. If a month has lapsed, it’s time to file a lawsuit with agreement from our client.

The Litigation Phase

Car Accident TrialWhat Occurs After Filing the Lawsuit and During Discovery?

If a settlement cannot be reached during the pre-litigation phase, your attorney will file a lawsuit on your behalf. The other party will be served with the lawsuit and given 20 days to respond. Once the lawsuit is filed, the discovery phase begins, during which both sides exchange information and evidence relevant to the case. This phase can be lengthy, especially if there are disputes over evidence or if expert witnesses are involved. The biggest hurdle regarding time during this phase is scheduling depositions with witnesses and the parties.

Note: Some cases settle immediately after the lawsuit is filed and before the insurance company files an Answer in this case. Most insurance companies have a different team of adjusters that evaluate claims once a lawsuit is filed.

How Do Pre-Trial Efforts and Mediation Help Resolve the Case?

Many car accident cases go through mediation or other pre-trial efforts to settle without needing a trial. A neutral third party works with both sides during mediation to facilitate a mutually acceptable resolution. If a settlement is reached during this stage, your case will conclude more quickly than if it proceeds to trial.

What Should You Expect During Trial Preparation and Proceedings?

If pre-trial efforts are unsuccessful, your case will move forward to trial. This stage involves extensive preparation, including gathering expert witnesses, filing motions, and scheduling depositions. The trial itself may not occur for a year or more after the initial accident, depending on the court’s docket and the complexity of your case. The actual trial for a “basic” car accident case is 2 days or less.

How does the Oklahoma Governmental Tort Claims Act impact the duration of a lawsuit involving a government entity?

If your car accident involves a government entity, such as a city or state vehicle, the Oklahoma Governmental Tort Claims Act sets specific time limits for filing claims. This can impact the duration of your lawsuit, as you must adhere to these statutory requirements. If this happens, you cannot immediately file a lawsuit, and you must first submit a Tort Claim.

How does the statute of limitations affect UM insurer liability?

It’s important to note that the statute of limitations for taking legal action against the at-fault driver (the tortfeasor) is separate from your UM insurer’s obligation to provide coverage. The Oklahoma Supreme Court addressed this issue in Uptegraft v. Home Ins. Co., 662 P.2d 681, stating that the failure to commence an action against the uninsured tortfeasor within the statutory period does not discharge the UM insurer from liability. Additionally, UM coverage is direct and primary, meaning you do not have to proceed against the tortfeasor before seeking UM benefits (Stand v. Hudson Ins. Co., 2017, N.D. Okla., Case No. 17-CV-0129-CVE-JFJ).

Expediting Your Car Accident Lawsuit with Hasbrook & Hasbrook

At Hasbrook & Hasbrook, our primary goal is to help you focus on your recovery while we handle the legal complexities of your case. We provide comprehensive legal support, emotional reassurance, and dedicated assistance to reduce your stress and offer peace of mind. Our experienced attorneys work diligently to maximize your compensation while managing all legal aspects on your behalf.

If you or a loved one has been involved in a car accident in Oklahoma City or the surrounding areas, don’t hesitate to contact us at 405-605-2426 or visit our contact page. Let us fight for your rights and help you navigate the complex legal process. Together, we can work towards securing the compensation you deserve and creating safer communities for all.

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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.