If you have been hurt in an accident in Oklahoma City, you may need to seek compensation through a personal injury claim. Most accident victims have many questions about this process, such as how long it will take and how much their claim may be worth. Knowing the answers to these questions can help ease some of your stress as you go through the personal injury claims process.
Keep reading below to learn answers to some of the most commonly asked questions about Oklahoma City personal injury claims.
How Much Is My Personal Injury Case Worth?
This is one of the most common questions that injury victims have. After all, you likely have medical bills and other expenses waiting to be paid, so it is only natural to want to know how much compensation you might receive.
The truth is that the value of your case depends on many factors. Comparing the value of one case to another can be challenging because every personal injury claim is unique.
Some of the factors that can affect the value of your case are:
- The severity of your injuries
- The cost of your medical bills
- The length of your recovery
- How much time you missed from work
- Whether you can return to work
- How much insurance is available
- How your relationships with friends and family have been affected
- Whether you share any blame for the accident
Generally speaking, cases involving more severe injuries will be worth more than those involving only minor injuries. The best way to determine how much your case may be worth is to seek help from an experienced personal injury lawyer.
What Is Negligence?
Most personal injury claims are based on negligence. This means that someone else acted carelessly and you were injured as a result of their behavior.
To prove negligence, you must show:
- Duty of care: The defendant had a legal duty to act in a reasonable manner to avoid harming others.
- Breach of duty: The defendant acted outside the accepted standard by failing to act in a reasonable manner.
- Causation: Your injuries were both a direct and foreseeable consequence of the defendant’s behavior.
- Damages: You suffered some actual damages, such as medical bills or pain and suffering.
All of these elements must be proven for your case to be successful.
What Evidence Can Be Used to Prove My Case?
Proving your case requires having evidence to prove that your version of the facts is true. There are many types of evidence that may be used to prove a personal injury claim, such as:
- Witness testimony
- Your own testimony
- Medical records
- Photos or videos
- Text messages or phone records
- Expert witnesses
The more evidence you have, the more likely you will be successful with your claim.
Can I Recover Compensation if I Was Partially at Fault for My Accident?
Yes. Oklahoma follows a modified comparative negligence rule. This means you can still recover compensation as long as you are not more than 50% at fault for the accident. However, your recovery will be reduced by your percentage of fault.
Insurance companies often try to place more blame on injured victims to reduce what they have to pay. An experienced personal injury lawyer can protect your rights and fight for the compensation you deserve.
How Long Do I Have to File a Lawsuit After an Accident in Oklahoma?
The Oklahoma statute of limitations allows most accident victims two years from the date of their injury to file a lawsuit for damages.
This applies to most injury claims, such as:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
If you miss the filing deadline, you may be completely barred from recovering any compensation for your injuries. Since there are some special exceptions that can make the deadline different for your claim, you should always consult with an experienced lawyer as soon after your accident as possible.
What Types of Damages Are Victims of Personal Injuries Entitled to Recover?
Victims who are injured by someone else’s conduct may suffer many types of losses. This includes both financial or monetary losses as well as physical and emotional trauma. The law allows these victims to recover damages for all of their losses.
Economic damages compensate victims for their financial damages, such as:
- Medical bills
- Lost wages and benefits
- Property damage
- Out-of-pocket expenses
- Future reduced earning capacity
Non-economic damages compensate victims for their intangible losses, such as:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Depression and anxiety
- PTSD
- Permanent scarring or disfigurement
- Loss of enjoyment of life
A victim’s non-economic damages are often worth much more than the financial losses included in the claim.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Hiring a personal injury lawyer might seem like another expense that you cannot afford. Thankfully, hiring a lawyer will not cost you any money up front. Instead, personal injury lawyers use contingency fees. This means that the lawyer only gets a legal fee after they win the case.
The legal fee is deducted from the recovery obtained for the client. Contingency fees in personal injury claims depend on:
- The lawyer’s experience level
- The lawyer’s track record and success rate
- Your location
- The complexity of your claim
- Whether your case settles or goes to trial
In addition to the legal fee, you might also be responsible for other case expenses, such as copies, deposition costs, and other administrative costs. The details of the fee and any additional expenses should be outlined in the contingency fee agreement.
Call McIntyre Law for a Free Consultation With an Oklahoma City Personal Injury Lawyer
If you have been hurt in an accident in Oklahoma City, the experienced team at McIntyre Law is here for you. We will answer all your questions and help you through every detail of your personal injury claim. Contact us now at (405) 917-5200 to schedule a free consultation with an Oklahoma City personal injury lawyer.