How Long Does a Personal Injury Lawsuit Take?

Posted on Wednesday, December 15th, 2021 at 3:44 pm    

Personal injury law is a large and involved part of the legal system. Locating everything you need to make a claim when you have an accident that may be someone else’s fault can be overwhelming. One of the most frequently asked questions by people with personal injury claims is, “How long will this take if I file a lawsuit?”

The statute of limitations on a claim for personal injury is two years in Oklahoma. However, the actual time a personal injury lawsuit can take varies greatly. The statute of limitations limits the time period within which someone can file a lawsuit, not how long it will take for the case to be complete. So, your lawsuit could potentially take substantially longer than that. It could also potentially wrap up quite quickly. The circumstances of your case and other factors will determine the duration of your lawsuit.

While civil and criminal personal injuries are very different, one of the most fundamental differences is that, in civil cases, the plaintiff files a lawsuit against another individual or business. In contrast, the state brings charges against the defendant through the district attorney’s office in a criminal case.

broken leg and crutches

What Is a Personal Injury Lawsuit?

When you’ve been injured in an accident that wasn’t your fault, you may pursue a claim for compensation from the at-fault party’s insurance company. Sometimes, no settlement agreement can be reached, either because the insurance company won’t offer a full and fair amount of compensation for your injuries, or because they’re denying the claim outright. In either case, you and your lawyer can file a personal injury lawsuit.

Personal injuries lawsuits are filed against the at-fault party after their negligent, careless, or intentional actions caused the accident in which you were injured. Negligence is usually the key factor in injury cases.

You can also have what is known as “strict liability.” In a case where strict liability applies, an injury may occur when offenders do not intend it, such as when a product was defective in design, manufacture, or marketing, and you used the product as intended, but were harmed. In cases like these, whoever manufactured the product could be held liable for the injury, regardless of the likelihood that they did not intend to harm anyone.

“Intentional wrongs” are acts performed by the individual who caused your injury that occurred due to an intentional act. Examples include assault, false imprisonment, or intentional infliction of emotional distress.

What Kind of Personal Injury Cases Does Abel Law Firm Take?

Abel Law Firm handles car accidents, motorcycle accidents, construction accidents, scooter injuries, burn injuries, spinal cord injuries, trucking accidents, nursing home abuse, insurance disputes, bike-share (rent-a-bike) accidents, dog bites, and traumatic brain injuries, all of which could have the potential to be personal injury lawsuits.

What Compensation Could I Get Through a Lawsuit?

The reason you file a lawsuit after you were injured through someone else’s actions is to pursue compensation for your injuries and losses. This compensation is called “damages.” In Oklahoma, you may be eligible for economic, non-economic, and punitive or exemplary damages.

Economic damages cover monetary losses. You may be able to pursue compensation for:

  • Medical expenses
  • Lost wages
  • Lost earning capacity
  • Property damage

Non-economic damages are compensation for the intangible losses you may have suffered as a result of the accident. You may be eligible for compensation for the following:

  • Pain and suffering
  • Disfigurement
  • Loss of enjoyment of life
  • Mental anguish and anxiety

Punitive, or exemplary, damages can only be awarded at trial. These awards are rare, and rather than being intended to compensate you for your losses, they are meant to punish the at-fault party. In Oklahoma, punitive damages may be awarded when there is clear and convincing evidence that the at-fault party acted intentionally and with malice, or was guilty of reckless disregard for the well-being of others.

gavel and stethoscope

Contact Us

If you’ve been injured in an accident through no fault of your own, you may be owed compensation. And you’re much more likely to get appropriate compensation with a lawyer on your side. We know how to get money for our clients: Abel Law Firm has recovered nearly a quarter-billion dollars in compensation for our clients. Our owner, Ed Abel, was named Oklahoma City litigator of the year.

You can have our Oklahoma City injury lawyers review your case and answer all of your legal questions when you call Abel Law Firm at (405) 239-7046 or complete an online contact form to schedule a free consultation. A consultation will help you decide how to move forward with your case and help put your mind at ease.

If you have been hurt due to the negligence or recklessness of another party, Abel Law Firm can assist you in determining whether a civil lawsuit is appropriate. Contact us at (405) 239-7046 today.


Authorities report accident on Rockwell Avenue at SW 74th Street

Posted on Wednesday, December 15th, 2021 at 5:53 am    

OKLAHOMA OKC- An accident took place on Rockwell Avenue at SW 74th Street on the evening of December 14, TTN Oklahoma City reports.

Few details about the accident have been made available at this time.

Traffic was affected for some time following the accident.

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma car accident attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.


Traffic incident reported on Hefner Road at Military Avenue and N Western Avenue

Posted on Tuesday, December 14th, 2021 at 3:43 am    

OKLAHOMA, OKC- Authorities were on the scene of an accident on Hefner Road at Military Avenue and N Western Avenue on the evening of December 13, TTN Oklahoma City reports.

The precise cause of the accident is unknown at this time.

Motorists should avoid the area if at all possible.

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma car accident attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.


Accident affects commuters on NW 39th Street at St Claire Avenue

Posted on Monday, December 13th, 2021 at 7:29 am    

OKLAHOMA, OKC- According to TTN Oklahoma City, an accident happened on NW 39th Street at St. Claire Avenue on the evening of December 10.

We do not know anything else about the accident at this time.

Motorists should avoid the area if at all possible.

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma car accident attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.


Pilot dead after small plane crashes in field near Inola

Posted on Sunday, December 12th, 2021 at 9:29 pm    

INOLA, OK (ROGERS COUNTY) – A pilot was killed after a small plane crashed near State Highway 88 in Rogers County this morning, according to information from KTUL.

The accident occurred in a field near Inola, near OK-88 and E 560 Road, at some point before 10:30 a.m., after a single-occupant, fixed-wing Cessna aircraft took off from Tulsa.

The pilot, who was identified only as an out-of-state resident, was pronounced dead after the crash.

The incident remains under investigation by multiple agencies, including the Federal Aviation Authority (FAA) and the National Transportation Safety Board (NTSB).

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma City personal injury attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.

 


Collision impacts traffic on Kentucky Avenue North at NW 36th Street

Posted on Friday, December 10th, 2021 at 8:41 am    

OKLAHOMA, OKC- A collision happened on Kentucky Avenue North at NW 36th Street on the evening of December 9, according to TTN Oklahoma City.

It is unclear whether the collision led to injuries at this time.

Traffic was affected for some time following the collision.

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma car accident attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.


Accident takes place on Lake Hefner Parkway NB at NW 122nd Street

Posted on Friday, December 3rd, 2021 at 8:39 am    

OKLAHOMA, OKC- TTN Oklahoma City reports that an accident took place on Lake Hefner Parkway NB at NW 122nd Street on the evening of December 2.

Little else is known about the accident at this time.

Traffic was affected for some time following the accident.

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma car accident attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.


What Is Mediation in a Personal Injury Case?

Posted on Wednesday, December 1st, 2021 at 8:29 pm    

Mediation is a method of resolving legal disputes without going to trial. This tool has is becoming a common resource to replace court cases for personal injuries, particularly in areas like construction, where injuries happen frequently. In Oklahoma, mediation is used to avoid going to trial, which can take a very long time.  Many Oklahoma mediators generally settle over 90% of cases they take, including personal injury cases.

mediation

What Is Mediation?

Mediation is a neutral way to resolve disputes. All parties to the dispute have an equal say in the process and the settlement terms, but the mediator does not. A mediator is a neutral person whose job is to help the injured party, the individual or individual’s company who allegedly caused the injury, and everyone’s attorneys, resolve all relevant matters with the goal of coming to an agreement.

You can hire outside parties to help determine precisely the amount of damages that would be paid if all parties agree. Still, a mediator is not a judge or jury and has no ultimate say about the heart of the legal dispute at hand. A mediator is a facilitator only. By law, the mediator is not allowed to reveal what the parties say during the mediation.

Mediation sessions help the parties determine whether or not they can resolve a case without the need for a trial. It’s less formal than a trial, and in some instances, it’s easier to be “heard” in mediation than in a trial, where everything is very structured.

Typically, a mediation involves several different parties: the injured party, their attorney, the insurance company or private company representing the individual who allegedly caused the personal injury, the company’s attorney or the individual’s attorney, and the mediator.

Mediators are often retired judges or retired lawyers. By definition, they are a neutral party.

Mediators learn about the case when each side submits a “mediation statement” to the mediator. The mediation statement lays out the facts of the case from each side’s perspective. Mediators cannot render binding legal decisions as a judge would.

We are now in the third calendar year of the COVID-19 pandemic, about to reach the second anniversary of its widespread proliferation in the United States. Mediation of personal injury claims is often done virtually these days.

What Does Mediation Involve?

When you engage a lawyer to assist you with mediation, the steps they will take on your behalf include an initial consultation, accident investigation, demand package, and, if mediation fails, filing a lawsuit in court. Abel Law Firm offers free consultations for personal injury cases. The consultation is an opportunity to learn how to proceed with a case and whether you’re entitled to compensation.

When your lawyer investigates your accident, they may collect items such as police reports, estimates of damages, medical bills, witness statements, accident scene photos, and any video surveillance that may be available. These items can be used as evidence at the mediation, and if the mediation is unsuccessful, at trial.

Mediation often begins with a short letter to the at-fault party or their attorney stating that the injured party is seeking mediation. During mediation, your lawyer will present the demand package to the at-fault party’s lawyer. This will include “the magic number,” which is the amount of money you seek for compensation for your injuries.

The initial offer from the at-fault party is rarely accepted. In this case, mediation is a little like shopping for a new home. It’s a negotiation about how much compensation you may be entitled to for your injuries and losses.

the power of mediation

Benefits of Mediation

One benefit of mediation over trial or courtroom litigation is that no one is guaranteed to win. In litigation, someone always wins unless there is a mistrial. Also, appeals are not allowed in mediation. Since everyone wants to avoid litigation most of the time, this spurs everyone involved to do their best with the mediation.

Another benefit to mediation is that the parties involved may get more time to settle their dispute. Mediation may extend the statute of limitations in some cases.

However, litigation may still be necessary if the parties cannot resolve the dispute.

Suppose the mediation fails, and the case goes to trial. Factual items discovered during the mediation process may not be discussed by the parties who had used mediation in an attempt to reach an agreement. Mediation is confidential.

Contact Us

Abel Law Firm handles personal injury cases for victims of car accidents, motorcycle accidents, construction accidents, scooter injuries, burn injuries, spinal cord injuries, trucking accidents, nursing home abuse, insurance disputes, bike-share (rent-a-bike) accidents, dog bites, and traumatic brain injuries. We can help you, too.

Abel Law Firm has recovered nearly a quarter-billion dollars in compensation for our clients. You can have our Oklahoma City personal injury lawyers review your case and answer all of your legal questions when you call us at (405) 239-7046 or complete an online contact form to schedule a free consultation today to see if mediation is right for your case.


Crews respond to injury accident near Metro Park

Posted on Tuesday, November 30th, 2021 at 2:07 pm    

OKLAHOMA CITY, OK  – An accident resulting in injury was reported at NW 4th St and Classen Blvd Monday, according to TTN Oklahoma City.

The wreck happened around 6:15 a.m.

The cause of the wreck is unclear at this time.

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma car accident attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.


Crash impacts traffic on NW 26th Street at N Meridian Avenue

Posted on Tuesday, November 30th, 2021 at 5:00 am    

OKLAHOMA, OKC- Authorities were on the scene of a crash on NW 26th Street at N Meridian Avenue on the evening of November 29, TTN Oklahoma City reports.

It is unclear whether the crash led to injuries at this time.

Traffic was affected for some time following the crash.

This information is presented as a way to help keep our community safer and is not meant to be taken as legal advice. However, the Oklahoma car accident attorneys at the Abel Law Firm have helped clients secure financial compensation for their medical bills, lost wages, and other expenses. If you or someone you love has been injured in an accident involving another vehicle, contact us today for a free consultation.

Ed Abel Named Oklahoma City Personal Injury Litigator of the Year

Ed Abel was awarded the Litigator of the Year award as recognition of his tremendous success in the courtroom defending the lives of Oklahomans, and his unique service as a true son of the State of Oklahoma. He has won some of the largest verdicts in Oklahoma's history, and he and his team have successfully argued against harmful tort reform laws in the state Supreme Court. His impact is so widespread across the state that Governor Mary Fallin declared May 1st as "Ed Abel Day."

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