When you have been injured and you are considering filing a personal injury claim against the person(s) responsible, you will logically want to know what you should expect. In your pursuit of compensation for your injuries, knowing what to expect can save you time and money. What follows is a brief explanation of how the personal injury process works in Tulsa, Oklahoma. For more detailed information, consult a knowledgeable personal injury attorney.
The Personal Injury Legal Process in Tulsa, Oklahoma
There are five basic stages to the personal injury process in Tulsa Oklahoma:
1. Seeking medical treatment.
The most important thing to do after an injury is to seek medical treatment immediately. Some people believe they can just tough it out and they will begin to feel better over the course of several days or weeks. However, in most cases, the sooner you seek treatment, the sooner you recover from your injuries.
Furthermore, a delay in medical treatment may damage your pursuit for compensation for your injuries. The responsible party’s insurance companies will use the fact that you put off seeking medical treatment after your accident to question the severity of your injuries and your claim for compensation.
2. Collecting medical records.
Before you seek compensation for your injuries, you need to collect all of your medical bills and records. The more serious the injury, the more documents the responsible party’s insurance company may request, including medical records prior to the accident. They will want to know that the accident you were involved in created new injuries and did not merely aggravate old ones.
Some injuries can be long-lasting or permanent, and the prognosis for these kinds of injuries can be difficult to diagnose early. So, you should not accept or sign a release for your injury claim until you and your physician have had ample time to evaluate thoroughly your injuries in order to understand fully the extent of your injuries and their long term consequences. If you accept a settlement too early, you risk incomplete compensation to cover the amount of future pain, suffering, and medical bills your injuries might bring you.
3. Negotiating a settlement.
Once all of the necessary information and documentation has been obtained, your personal injury attorney can explain to you how much your case may be worth and begin to negotiate a settlement with the responsible party’s insurance company. Most personal injury cases reach a settlement within one to two years. On the other hand, some personal injury claims, such as medical malpractice claims, can take much longer to reach a settlement because of the complex nature of these cases.
If/when you do agree to a settlement, you will be required to sign an agreement releasing the other party from any further liability for your injuries. As a result, you should take the time to evaluate fully your injuries. Sometimes the actual extent of your injuries will not be observable until some time has past. If you sign a release before you know the full extent of your injuries, you will be barred from receiving any further compensation in the future.
4. Going to trial.
Most personal injury cases in Oklahoma are settled without going to trial. However, if the previous steps do not result in a settlement, a lawsuit will be necessary. Understanding the trial process will help you make better decisions to increase your chances of succeeding in your personal injury claim.
The process is as follows:
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A lawsuit is initiated by filing a complaint for damages, a written document that includes your claims and how much money you are seeking to receive in compensation.
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During the litigation period, information is exchanged between the parties in the lawsuit. This step often requires you to give a deposition, which simply means testifying under oath regarding injuries and having it recorded for later use at trial.
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Once the case goes to trial, the evidence will be presented to the court and the jury will weigh contested issues of fact to decide which evidence they find credible.
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Finally, if you prevail, the judge or jury will decide how much compensation to award you. It is a commonly held misconception that when you file a personal injury lawsuit, the judge decides your case. However, unless the case is tried to the bench in what is called a “bench trial,” it is usually a jury who will decide not only if you will prevail in your lawsuit but also how much you will be compensated.
How much compensation will I receive?
Regardless of whether a jury or judge decides your case, the foundation of any personal injury claim is the evidence presented by the claimant. After all the facts have been reviewed, the judge or jury will analyze this evidence with respect to the law. Then, to the extent that the facts corroborate your claim, they will make an award that is appropriate to compensate you fairly for your injury.
The amount you are awarded will be a combination of both economic and non-economic damages. Economic damages are based on fixed values. For instance, if your vehicle was totaled during a collision and the Blue Book Value is $5000 dollars, it would be easy for the jury to award you $5000 for your vehicle. In another example, if you were towing a piece of fine art worth $100,000 in the vehicle, and the art was destroyed when your car was hit, it would be an easy determination for the jury to award you $100,000 in compensation.
Non-economic damages are more complicated to determine. Non-economic damages include pain and suffering, loss of enjoyment of life, and the loss of a loved one. The judge or jury has the difficult job of placing a value on what many consider to be incalculable losses, which in turn makes it more difficult to determine the total amount of compensation to award.
Initial Consultation: Tulsa Personal Injury Attorney
If you have specific questions regarding how the personal injury legal process works in Tulsa, Oklahoma, contact an experienced personal injury attorney who can evaluate how much your claim might be worth, or how much a particular type of injury may be worth, given the circumstances of your case. There’s no risk and no obligation. For a low-cost confidential consultation and personal injury case evaluation, call Personal Injury Law Office of Tulsa today at (918) 924-5528, or send us a question using the form on the right side of this page.
