Filing a personal injury claim in Oklahoma can feel impossible when you’re still recovering from your injuries. If you’ve been injured in a car accident in Tulsa or another incident, understanding the steps in the claims process can help protect your right to fair compensation. Here’s what you need to know about how to file a personal injury claim in Oklahoma.
Step 1: Seek Immediate Medical Attention
Your health should always come first. See a doctor as soon as possible, whether or not you have an obvious ailment. Some injuries, like concussions, may not appear right away. Medical records also play a vital role in your personal injury claim by linking your injuries directly to the accident.
Step 2: Gather Evidence
The success of your claim often depends on the strength of your evidence. Try to collect as much information as you can about the accident, including:
- Photos and videos of the scene and your injuries
- Contact information for witnesses
- A copy of the police report
- Medical bills and treatment records
- Pay stubs and employment records showing your lost wages
If your injuries prevent you from gathering this information, an experienced personal injury lawyer in Tulsa can help collect and preserve the evidence for you.
Step 3: Determine Who Is Liable
To recover damages, you must identify the party or parties legally responsible for your injuries. Depending on the circumstances, this might include another driver, a property owner, an employer, and others.
Oklahoma follows a modified comparative negligence law under Title 23, § 13 of the Oklahoma Statutes, which means you can still recover damages if you’re partially at fault, as long as your share of responsibility is less than 51%. However, your compensation will be reduced by your percentage of fault.
Step 4: Notify the At-Fault Party’s Insurance Company
Once you know who caused your injuries, you or your attorney will typically begin by filing a claim for compensation with the at-fault party’s insurance provider. This notice should include the date and details of the incident and a description of your injuries and losses.
It’s important not to accept an early settlement offer. Insurance companies often try to resolve claims quickly for far less than they’re worth. Consult with your lawyer before signing anything and/or providing a recorded statement.
Step 5: Attempt To Negotiate a Settlement
After reviewing your claim, the insurance company will make an offer. If it’s too low, your attorney can negotiate on your behalf for a higher amount that better reflects your medical bills, lost wages, and pain and suffering.
Most Oklahoma claims are settled out of court with a personal injury settlement agreement. However, if the insurer refuses to make a fair offer, your lawyer can file a lawsuit to pursue compensation in court.
Step 6: File a Lawsuit if Necessary
Under Oklahoma’s statute of limitations (12 O.S. § 95), you generally have two years from the date of your injury to file a personal injury lawsuit. Missing this time limit means losing your right to recover damages altogether.
Your attorney can handle the entire litigation process on your behalf, including taking your case all the way to trial if necessary.
At this stage, factors like experience, communication and trial readiness play a major role, which is why understanding how to choose the best personal injury lawyer in Oklahoma is essential.
Contact an Experienced Oklahoma Personal Injury Lawyer for Legal Help
If you’ve been injured in an accident that wasn’t your fault, hiring a personal injury lawyer at Gorospe Law Group may be one of the best decisions you could possibly make. Contact us today to get started with a free consultation. We’ll work hard to maximize the value of your claim as best as possible under state law.