Oklahoma City Car Accident Damages
In order to get compensation for damages after a car accident, an individual may have to negotiate with the at-fault party, the insurance company, or file a lawsuit. These steps require gathering evidence, speaking to witnesses, and figuring out which type of damages are most applicable to your unique case.
If you have been injured in a car accident, you may benefit from consulting an experienced car accident lawyer. A compassionate personal attorney could champion your case and help you collect the Oklahoma City car accident damages that you deserve.
Under Oklahoma law, economic damages are damages that could easily be tied to a dollar figure and presented to a third party. Economic damages include:
- Loss of wages
- Medical bills
- Future lost wages
- Future medical bills
- Property damage
Non-economic damages can also be awarded to an injured individual. Non-economic damages include:
- Pain and suffering
- Loss of enjoyment of activities
- Physical impairment
There is no formula to calculate non-economic damages and the award may vary from person to person. The amount of non-economic damages awarded is determined by a jury, who may rely on their own experiences to put a value on the harms and losses. The jury may consider the type of injury, the pain and suffering, and what the injured victim had to go through due to the wreck. A lawyer experienced in assisting individuals with collecting Oklahoma City car accident damages could help with calculating non-economic damages.
Damage caps are a limit on damages. Oklahoma City caps non-economic damages of pain and suffering in car accident cases at $350,000. The cap could be lifted if an attorney shows that the at-fault party was acting with reckless or intentional disregard of the rights of others, was grossly negligent, or if fraud was involved.
Punitive damages may be awarded for the purpose of punishing the party that either intentionally or recklessly did something to cause harm to another person. Before getting to the punitive damages calculations, a jury must first find in favor of the plaintiff and grant economic damages.
The jury may decide the plaintiff qualifies for punitive damages if the conduct of the at-fault party was either in reckless disregard of the plaintiff’s rights and the other party was aware of that or if they did it intentionally. Since it is based on the conduct of the at-fault party, the plaintiff has the burden of showing that the other party was acting in this type of manner. It is important to know that punitive damages are rarely awarded.
Role of an Attorney in Recovering Oklahoma City Car Collision Damages
There are many ways in which a lawyer could help an individual with recovering Oklahoma City car accident damages. After being retained, an attorney could work tirelessly to gather as much evidence as early as possible. Also, the lawyer could make sure everything related to the accident is documented. They will then reach out to witnesses to see what their version of the accident is.
After assessing the facts of the case, the attorney could help the injured victim collect the compensation that they deserve. If you have been injured in a car collision, contact a dedicated lawyer in Oklahoma City today.