The law states that we all share a duty to not put others at risk of physical harm—whether that’s intentional, accidental, or from neglecting certain obligations while providing a service or ensuring safety in a business. For example, Employers have a duty to maintain the safety of employees by keeping them away from unreasonable danger. Drivers are expected to obey traffic laws and exercise caution. You get the idea.
However, situations do arise that directly lead to (or contribute to) an injury that would otherwise be considered avoidable. In Oklahoma, if your injury resulted from someone else’s negligence, carelessness, or recklessness, you can seek financial compensation with a lawsuit. Here are some of the key things to know before moving forward.
Key elements of a personal injury lawsuit
Personal injury claims can arise from any number of situations, including auto accidents, injuries in the workplace caused by faulty equipment, injuries inside of a business, etc. Regardless of how or where the injury occurred, the injured party must be able to:
- Prove the defendant owed a duty of care. (For example, drivers are obliged to drive in a safe manner while following traffic laws to avoid accidents.)
- Prove how the defendant’s actions (or failure to act) caused the injuries.
- Demonstrate how the breach of duty caused the injuries or the death of a loved one. (For example, falling on a slippery floor that was not properly marked or ignored inside a business.)
- Demonstrate what damages—such as medical bills and pain and suffering—that have directly resulted from the injuries.
Personal Injury lawsuit compensation
Injuries caused by a wrongful act, negligence, or recklessness from another party can entitle you to compensation that covers financial aspects such as:
- Medical expenses
- Rehabilitation expenses
- Loss of income
- Loss of earning capacity
- Pain and suffering
- Scarring and disfigurement
- Loss of bodily function
What is the statute of limitation for filing a personal injury lawsuit in Oklahoma?
In nearly all cases, victims have two years to file a personal injury lawsuit. While this time allotment seems generous, it’s always best to contact an attorney as soon as you can so they can take actions such as contacting witnesses, speaking to your physicians, examining the site of the accident, and initiating the discovery process. Taking these steps early on will benefit your case’s outcome.
Moving Forward with a Personal Injury Lawsuit
First and foremost, if you are exploring the option of filing a personal injury lawsuit in Oklahoma, contact an attorney immediately; they will be able to advise on the strength of your case and ultimately begin the preliminary processes of moving forward. Secondly, you must understand that any insurance companies handling your situation are acting in their own best interests and will often try to avoid paying you the full compensation you deserve for what you’ve gone through. Their allegiance is to their own bottom line — not your personal injury case.
This is precisely why you should avoid giving a statement, signing any forms, or accepting any sort of payment from an insurance company after a serious accident unless you have spoken with a lawyer. Otherwise, you risk signing away your rights to attaining the full compensation you’re truly entitled to.
A Winning Case Starts with the right representation
If you’ve had your life affected by an injury caused by another party, you should not be the one paying for it. Furthermore, you deserve compensation for the many ways the injury can affect your quality of life and ability to work. The best action you can take towards obtaining that compensation is securing the services of experienced attorneys who will fight to deliver the best possible outcome in your case — and we are happy to step in on your behalf. The attorneys at Overman Legal Group will leverage proven legal expertise while exhausting every last resource to get you the compensation you deserve.
Don’t leave your personal injury case in the hands of the insurance companies and other parties looking out for only themselves.
