If you have been the victim of an accident caused by a highway defect, you may be up against serious injuries, medical expenses, lost wages, and permanent impairment. You deserve an attorney that will fight for you. The personal injury attorneys at Abel Law Firm are committed to providing effective legal representation when institutional negligence or oversight leaves you reeling.
Our experienced Oklahoma City car accident attorneys take your rights seriously. When you or a loved one suffer injuries because of someone else’s actions, we fully believe that you should not be responsible for the bill, and we fight to ensure you aren’t. Contact the Oklahoma City highway defect attorneys at Abel Law Firm today to learn more about pursuing legal action. Call (405) 239-7046 today to schedule a free consultation and discuss your rights and entitlements.
Do I Need a Highway Defect Lawyer?
No matter how apparent the cause of your injury may seem, winning a highway defect case is an uphill battle. For this reason, if you are serious about recovering compensation for your accident-related expenses, contact a skilled lawyer. In a highway defect case, the defendant is typically the governmental body responsible for roadway upkeep, such as the city, county, or state. These defendants typically have aggressive lawyers on their side, who make fighting your claim even more complicated.
A highway defect lawyer will fight on your behalf by ruling out other potential causes, evaluating your vehicle, obtaining important documentation, and bringing in experts to support the truth of your claim. When applicable, we could bring in an accident reconstruction expert and a traffic engineer to prove how the highway defect caused your accident. When a highway defect has compromised your physical and financial well-being, it is your attorney’s priority to make sure that your interests are represented.
Following accident reconstruction, we will manage any additional discovery processes, witness interviews, and depositions. Any related police reports, bystander statements, and photographic evidence about the compromised condition of the road are crucial in supporting your case. Thoroughly collecting information strengthens your case because it proves that the city, county, state, or municipality either knew an issue existed or should have known that a defect needed to be corrected. Your case is about you, but a negligent governmental body can potentially impact anyone driving on the same roads. Finding an attorney with the experience and skill to fight and win tough cases ultimately serves the whole community’s best interest.
Why Hire Abel Law Firm to Handle My Case?
Unfortunately, car accidents are incredibly costly for innocent victims. The attorneys at Abel Law Firm fight to make sure that you recover compensation for the cost you have incurred after a highway defect accident. When you are looking for effective legal representation in Oklahoma City, you need to hire the best team as soon as possible.
Our lawyers have over 130 years of combined experience advocating for injury victims. In that time, we have recovered millions of dollars on behalf of our clients. While we are serious about results, our main focus is your well-being. If you are injured in an accident, you will face many challenges, such as hospital bills, insurance communications, and lost wages. While adding a lawyer into the mix may seem like just another stressor, the truth is that a seasoned lawyer from Abel Law Firm can provide you with much-needed relief and guidance.
Though this may be your first time being involved in a serious accident, our lawyers have been through the legal process surrounding highway defects time and time again. We are ready to put our decades of experience to work for you to ensure that you have access to the resources you need. In the immediate aftermath of an auto accident, moving forward may seem like a tall order. Our attorneys are here to offer support every step of the way. We have numerous awards to our name, including a perfect 10.0 rating on Avvo and listed among the Best Law Firms by U.S. News.
Common Types of Highway Defects
Safe roadways are a public safety issue. The public should be able to safely assume that regular highway maintenance and expedient repairs are conducted. Highway defects can occur from faulty design and engineering, failure to take prompt action to repair known issues, or outright negligence. If you have been involved in an accident caused by any of the following highway defects, Abel Law Firm can help you fight for the compensation you deserve.
- Shoulder drop-off
- Water pooling
- Uneven pavement
- Lack of signs
- Lack of guardrails
- Objects on roadway
- Construction negligence
- Municipal negligence
- Poor lighting
- Structural damage
These conditions are unsafe and should be prevented from occurring. If you or someone you know has been the victim of a hazardous roadway or highway defect, you need an experienced attorney to help you retrieve the compensation you deserve.
Who To Hold Liable for A Highway Defect Accident
Government entities and employees have immunity from lawsuits against them if injuries or losses result from:
- Enforcing and adopting or failing to enforce or adopt local and state laws;
- Legislative acts;
- Executing and enforcing lawful court orders;
- Official acts by a state, political subdivision, or employee; or
- Prosecutorial, judicial, or quasi-judicial acts.
However, the Governmental Tort Claims Act exceptions allow for legal action against a governmental employee only if a) they performed their job duties, and b) a private citizen would be liable under similar circumstances. In other words, a highway defect could be grounds for filing a claim if it directly resulted in the accident and your injuries.
Claims against the government are much different than claims against a driver’s auto insurance company. Abel Law Firm knows the laws surrounding these types of cases and how the legal process works. We will need to submit a Notice of Claim first that informs the entity of how the accident happened, your injuries, and the compensation we’re seeking on your behalf. They will need to review it and determine if they are going to approve or deny our request. If they deny the claim, we could move forward with filing a lawsuit.
Determining the Amount of Compensation You Deserve
In a claim or lawsuit, there are losses you could attempt to gain compensate for after an accident. These losses include the costs and suffering caused by your injuries. They include:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Out of pocket expenses
- Property damage
- Loss of consortium
Our goal in any highway defect case is to pursue the maximum compensation available, so you don’t have to pay for anything yourself. Someone else is to blame for the accident, and they should be financially responsible.
Abel Law Firm knows how to maximize the value of a client’s case. During our investigation, we will gather crucial evidence and review the facts to determine how much money you need to cover your past and future losses. Some of the factors we might consider to come up with a number we believe is fair are:
- The type of injury and how severe it is
- The total medical bills associated with the actual treatment of the injury
- The length of the recovery period
- Permanent damage caused by the accident, such as paralysis, disability, or impairment
- The effect of the accident on daily routine
- Time spent away from work while recovering
- The emotional trauma experienced after the crash
- The estimated cost of necessary treatment in the future
Our Oklahoma City highway defect attorneys know this accident disrupted your life and created financial strain while you’ve been racking up expensive medical bills. Our legal team will work tirelessly to hold the at-fault party liable and pursue the money they owe you for your pain and suffering.
Frequently Asked Questions
If you’re considering hiring a lawyer, we know you have plenty of questions about the process. We’ve compiled some frequently asked questions to help address some of your concerns. Read over them and then reach out to us at (405) 239-7046 for a free case evaluation.
How Long Do I Have to File an Oklahoma City Highway Defect Claim?
Oklahoma Statute Title 12 § 95 gives injury victims up to two years from the accident date to file a personal injury claim. However, when you are suing a government body, as you likely will be in a case involving a highway defect, the time limit is shorter. Before you can file a lawsuit, you must file a Notice of Tort Claim with the agency responsible. You must do this within one year of the accident. After filing the Notice, you must wait 90 days, or until the government denies your claim before filing a lawsuit. After 90 days have passed or your Notice has been denied, you have only six months to file your lawsuit. This is a somewhat complex and confusing system, so to make sure you don’t miss any deadlines, be sure to contact an attorney as soon as possible after an accident.
How Expensive is an Injury Lawyer?
The attorneys at Abel Law Firm work on a contingency basis, which means you do not pay us until we recover compensation on your behalf. We cover all the upfront costs of your case and take only a portion of your final settlement or verdict as our fees. In the unlikely event that we are unable to recover any compensation, you will never owe us a dime. We firmly believe that everyone should have the opportunity to hire an experienced attorney no matter their financial situation, which is why we are proud to adhere to this contingency model.
How Long Will My Case Take?
Each injury claim has unique factors that can either help or hurt the progression of the case. With an attorney advocating for your rights, you are far more likely to reach a favorable outcome quickly.
The attorneys that you hire will have a profound impact on the outcome of your case. If you have been involved in an Oklahoma City highway defect case, call a lawyer at Abel Law Firm. No one can truly prepare you for being the victim of a serious accident, but our highly-skilled attorneys can guide you and offer you both legal and practical support.
No one should be left holding the bill when they are not responsible for their injuries. Our lawyers fight to make sure that the party responsible for endangering your life is held accountable. You will not be alone while you’re fighting for justice. We will advocate for your rights and remain by your side until the end of your case.
For more information about how to pursue compensation for medical expenses, lost wages, pain and suffering, property damage, and wrongful death, contact the OKC highway defect attorneys at Abel Law Firm today. Call (405) 239-7046 for a free consultation to discuss your case and how we can help.