When you are injured, whether by a Car accident or a Slip and fallThe last thing you’re thinking about is filing a personal injury lawsuit in Oklahoma. Your goal is to get better and to make sure your money doesn’t suffer. To help you understand the process, here is a brief guide on filing a personal injury claim in Oklahoma.
Oklahoma statute of limitations
The statute of limitations is the legal deadline before which you must file a lawsuit against the party responsible for your injuries. Under Oklahoma law, that term is two years. If you fail to file a lawsuit within this period, you may lose your right to seek and receive compensation.
There are some exceptions to this rule, such as cases involving minors or individuals with disabilities. In these cases, the limitation period may be extended. However, in each case, it is best to act quickly.
Oklahoma personal injury laws
There are several related Oklahoma laws but here are two you should know:
- Oklahoma damage cap. The Oklahoma Supreme Court has lifted caps on non-economic damages in personal injury cases. There is also no maximum limit for non-economic damages in wrongful death cases in Oklahoma.
- Strict liability for dog bites. Oklahoma has a strict dog bite liability rule, which means that the owner of the dog is liable for any injuries caused by their pet, even if the dog did not exhibit aggressive behavior beforehand. There is a special exception for bites that occur in rural areas where there is no mail delivery in the United States.
Determination of fault in personal injury
Oklahoma follows a Modified comparative neglect System. When determining personal injury compensation, this means that you can recover damages as long as you are less than 50% at fault in the accident. However, the compensation awarded to you will be reduced by the percentage of the error allotted to you. For example, if you are found to be 30% at fault in an accident and you are awarded $100,000 in compensation, your total compensation will be reduced to $70,000.
To determine what was wrong, you will need to collect evidence such as police reports, witness statements, and photographs from the scene of the accident. The type of evidence required and the process for proving fault may vary depending on the nature of the accident or injury.
How can a lawyer help you?
An experienced personal injury attorney can provide invaluable assistance tailored to the specific circumstances of your case. Here are some ways an attorney can help you, with a focus on how their support varies based on the type of personal injury case.
Evaluate your condition. An attorney evaluates the unique aspects of your case, such as the type of accident, injuries sustained, and the parties involved, to determine the strength of your claim and the potential compensation you could get.
Incident investigation. The attorney conducts a thorough investigation of the circumstances of your case to gather essential evidence. In the case of a car accident, this may require obtaining footage from a traffic camera, while in the case of medical malpractice, it may require consulting medical experts.
Submission of legal documents. Each personal injury case has specific procedural requirements, such as filing a notice of action against a government agency in cases involving public property. The solicitor ensures that all necessary paperwork is submitted correctly and within the required timeframes.
Negotiating settlements. Colony Negotiations can vary based on the type of personal injury case. In a truck accident claim, your attorney will negotiate with the trucking company’s insurance company, while in a product liability case, they’ll deal with the manufacturer or retailer’s legal team. Having an experienced attorney in your corner ensures that you will have a strong advocate fighting for your interests, regardless of the opposing side.
represent you in court. If your case goes to trial, your attorney will adapt his or her strategy to the specific nature of your claim. For example, in the case of medical malpractice, they provide expert testimony to show how the health care provider’s actions deviated from the standard of care. In the case of a slip and a fall, they focus on proving the landlord’s negligence.