Before you talk to the insurance company it’s best to let an experienced lawyer look into your case to know what sort of damages you are entitled to.
Many Oklahoma residents wonder about this – do I need a lawyer if I was involved in an accident and, if so, when should I hire one? There is no one size fits all approach to this issue, but, as a general rule, you should look up some experienced Oklahoma accident lawyers if you have sustained serious injuries or if the circumstances of the accident are unclear and it’s hard to determine liability. The latter is crucial for the success of your claim. If you make a personal injury claim, you need to prove that your accident was caused by someone’s negligence and you need to determine exactly who’s to blame.
Most personal injury claims refer to car crashes, but an accident lawyer in Oklahoma City can help you with other types of unfortunate events, such as boating accidents, slip and falls, premises liability cases, medical malpractice, nursing home abuse or injuries caused by a defective product.
How is negligence established in Oklahoma?
When you make a personal injury claim, your lawyer will have to build a convincing case proving that you were injured because someone else was negligent. They will have to show that the party at fault had an implied duty to ensure your safety. Your lawyer will conduct their own investigation to prove that the party at fault breached that duty by acting carelessly or recklessly.
For instance, if you go to your favorite restaurant and fall down the stairs injuring your back, your lawyer will have to prove that the owner of the premises acted carelessly by failing to warn you the stairs were wet or by using improper lighting. If you were in a car accident, your lawyer will have to show that the other party was guilty of reckless or aggressive driving. All drivers in Oklahoma are expected to obey road rules, but if a driver speeds through a red light and slams into your car such action falls under negligence.
How are damages calculated in Oklahoma?
Before you talk to the insurance company it’s best to let an experienced lawyer look into your case to know what sort of damages you are entitled to.
You can recover economic damages for your medical expenses, property damage and lost wages. Never rush into a settlement. You can never know when and how well you will recover from your injuries. Your lawyer may refer you to an independent medical expert for a second opinion on your situation.
You can also claim non-economic damages to compensate you for your pain and suffering, both physical and mental. These are more difficult to calculate and you’ll need a seasoned lawyer to place a value on your pain and suffering. In Oklahoma, non-economic damages awarded in personal injury claims are capped at $350,000. Only if the party at fault acted with gross negligence or reckless disregard for the rights of others can you get more money. On the other hand, for wrongful death claims there is no cap on non-economic damages.
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