If you slipped, fell, and got hurt on someone else’s property, your recovery depends on more than rest and medical care – it depends on your ability to prove what happened. Filing a successful slip-and-fall claim in Oklahoma means showing clear, convincing evidence that the property owner failed to keep the area safe.
Slip-and-fall claims can quickly unravel without proper documentation. Below, we will walk you through the most important types of evidence for a slip-and-fall claim and how each piece can support your case from the start.
Taking the proper steps after a fall can help your case. First off, get checked out by a doctor right away. Even if you feel okay, some injuries do not show up immediately and can become more significant problems later.
Next, hold onto anything tied to the fall – medical records, bills, reports, receipts. And make sure you are showing up for your appointments. Skipping medical care gives insurance companies a reason to say you were not hurt.
Last, be careful with what you post online. Even something harmless can be twisted to make it seem like you are fine. The more consistent your story and your paperwork, the harder it is for them to argue against you.
If you’re unsure what to do next, talk to a slip-and-fall attorney who can guide you and help protect your claim.
Slip-and-fall claims fall under Oklahoma’s premises liability laws. That means property owners are supposed to keep their place reasonably safe. You can file a claim if they do not and you get hurt. But to make that stick, you will need solid proof that shows what happened.
Here’s what matters most.
If you can move around safely after the fall, snap some photos immediately. Get shots of where you fell, whatever caused it – such as a spill or broken flooring – any missing warning signs, and what the area looked like overall. That way, you have proof of how things looked before anyone cleans up or tries to fix it. These pictures can make a big difference if someone tries to say you were just being careless or that it was not a big deal.
Security camera footage can be a big help in a slip-and-fall case. It might show the accident itself, how long the hazard was there, or whether employees saw it and didn’t do anything about it. Just do not wait – businesses often delete the footage within days.
If anyone saw you fall or noticed the hazard before or after it happened, try to get their name and contact information. Witnesses can back up your story and help show you were not the one to blame. It is always helpful to have someone else who saw what truly happened.
If your fall happened at a business or public property, report it to management immediately. Ask for a copy of the written incident report before you leave. It will usually include details like the time and location of the fall, the staff involved, and any initial observations. This document helps create a timeline and proves you alerted someone right away.
Every medical record tied to your injury matters, from the ER visit to physical therapy. These records help connect the accident to your injuries and show what you have been through. That includes evidence like diagnoses, treatment notes, X-rays, prescriptions, referrals, and anything your doctor says about your condition. Ensure you follow their instructions, attend every appointment, and keep track of symptoms. If there are gaps in your care, it could end up hurting your case later on.
These forms of evidence create a clear, cohesive record that can support your claim and increase your chances of a fair outcome.
Slip-and-fall cases can fall apart when key steps get missed. Avoid these pitfalls:
These simple missteps can cast doubt on your story or reduce your leverage during negotiations.
Evidence such as surveillance footage, witness statements, and the absence of warning signs can all strengthen your slip-and-fall case. But in Oklahoma, proving the property owner was at fault isn’t enough – you also have to show you weren’t primarily to blame. Oklahoma follows a modified comparative negligence rule. That means if you’re found to be 51 percent or more at fault, you can’t recover any damages. If you’re less than 51 percent at fault, you can still recover money, but your payout will be reduced based on your percentage of responsibility. For example, being 30 percent at fault would cut your compensation by 30 percent.
A fall can lead to more than just a sore back – it might mean time off work, pricey rehab, or lasting health issues. You could be owed money for things like medical bills, lost wages, pain and suffering, emotional stress, and other accident-related costs. But the strength of your claim really depends on how well you have tracked those losses. That’s why having solid proof – and the right legal help – can seriously impact what you can recover.
Winning a slip-and-fall case takes more than just saying someone else messed up – you need solid proof that ties the hazard to your injuries. The earlier you get started, the stronger your likelihood of hanging onto key evidence. At Abel Law Firm, our Oklahoma premises liability attorneys have spent over 40 years helping people across Oklahoma stand up to negligent property owners. If you have suffered a slip-and-fall injury, reach out through our contact page or call (405) 239-7046 to arrange a free consultation. Let’s go over your options and figure out what comes next.
What Are Your Legal Rights as an Injured Passenger in a Car Accident?
What Is the Statute of Limitations for Personal Injury Claims in Oklahoma?
If you suffered an injury and are thinking about taking legal action, it’s imperative to understand how Oklahoma’s statute of limitations works. In most cases, you have just two years from the date you got hurt to file a lawsuit. If you wait too long, you could miss your shot at getting any compensation.
This time limit helps keep the process fair by making sure cases proceed while evidence – like witness memories and records – is still fresh. Knowing your deadline can make a big difference if you suffered an injury in a car accident, slipped and fell, or got hurt because of someone else’s mistake.
Statutes of limitations set deadlines for filing legal claims and help keep things fair for everyone. They push people to act while evidence, such as witness memories, paperwork, and other details, remains untouched. Important information could fade or disappear without a time limit, making it harder to sort out what happened.
These rules also protect people from getting dragged into lawsuits years later when defending themselves might be more challenging or impossible. Statutes of limitations help reduce delays and keep the legal process running more smoothly by keeping claims moving on a set timeline.
Oklahoma has firm deadlines for filing personal injury claims, and the exact time limit can depend on the type of case. In most situations – such as car accidents, slips and falls, or other negligence-related injuries – you have two years from the date the injury happened to file a lawsuit (§12-95).
If you miss that two-year window, you might lose your right to take legal action entirely. However, there are a few exceptions. For example, the timeline could pause if the injury wasn’t immediately obvious or the person responsible left the state. These situations are limited, so it is important not to assume extra time applies.
The best way to protect your rights is to act quickly. Knowing your deadline and how the law applies to your situation can make all the difference in whether your case moves forward.
Oklahoma’s two-year time limit is usually the rule for personal injury cases. Still, a few exceptions might pause the clock or give you extra time, depending on what’s going on in your situation.
Understanding these exceptions is key to protecting your rights and filing on time.
Extensions to the statute of limitations – called “tolling” – don’t happen often and only come into play in specific situations. A few examples include:
These exceptions are limited and not always easy to use. If you think one of them might apply to your case, it’s a good idea to talk with a personal injury lawyer sooner rather than later. They can help you figure out if you still have time to file and what to do next.
Filing a personal injury claim after the deadline has passed is rarely successful. Courts take these time limits seriously and will immediately dismiss most late claims.
Unless there is a valid exception, like the delayed discovery of the injury or the at-fault party being out of state, you will likely not be able to move forward. That is why acting fast and understanding the exact deadline that applies to your case is so important.
Every situation is different, and waiting too long can make things more challenging. The sooner you find out where your case stands, the better your chances are of protecting your rights and building a strong claim.
Missing the statute of limitations usually means losing the chance to bring your case to court. Once the deadline passes, the other party can ask for a dismissal. In most cases, the court will grant it.
Extensions are uncommon and only apply in specific situations, like fraud, concealment, or other legal exceptions. There’s no guarantee you’ll get an extension, so it’s risky to count on getting one.
That’s why knowing your deadline and acting before it runs out is so important. Even if your case is strong, waiting too long could keep you from getting the compensation you deserve.
If you suffered injuries in an accident, remember that Oklahoma gives you a limited time to take legal action. Missing that window could mean missing your shot at recovering compensation. Since every case is a little different – and there can be exceptions – it is wise to talk with an Oklahoma personal injury lawyer who knows how this works.
Do not wait around and risk losing your rights. Call our law firm at (405) 239-7046 to discuss your options. You can also visit our site to contact us today and learn how we help people with personal injury claims.
What Are Your Legal Rights as an Injured Passenger in a Car Accident?
Being injured as a passenger in a car accident can feel overwhelming. You were not behind the wheel, but you are left dealing with painful injuries, time off work, and a stack of medical bills. So now what? What are your rights, and more importantly, who is responsible for covering the damage?
Let’s discuss your legal options, how liability works, and what steps you can take if you have been hurt as a passenger on Oklahoma roads.
Yes. You can file a personal injury lawsuit as a passenger. If insurance does not cover all your damages – or if the at-fault driver is uninsured or underinsured – you may need to pursue a lawsuit to recover the full value of your losses.
A personal injury lawsuit for a passenger in a car accident is often filed against one or more of the following:
Filing a lawsuit allows you to hold the responsible parties accountable and seek compensation that reflects the true impact of your injuries.
As a passenger, you are rarely at fault in a car accident, which means you have the right to seek compensation from any negligent party involved. That could be the driver of your vehicle, another driver, or both.
In multi-car crashes, it is not always clear who caused the wreck – maybe one driver was speeding while the other failed to yield. Oklahoma follows a modified comparative negligence rule (23 O.S. § 13), which allows you to file claims against multiple drivers. Each party is responsible for their share of the blame, which gives you a better shot at full compensation – especially if one driver lacks coverage.
If liability is not clear, do not stress. A car accident lawyer can investigate what happened, review reports, and help pinpoint who should be held accountable.
After a car accident, figuring out who pays for an injured passenger’s damages comes down to fault and available coverage. In many cases, the responsible party’s liability insurance will handle it.
Here’s how it typically breaks down:
Also, if you have Medical Payments (MedPay) coverage through your auto policy, it may kick in to help cover immediate medical bills after a passenger car accident, regardless of fault.
As a passenger, you may be eligible for the same types of compensation as a driver would receive in a personal injury claim. This can include:
Every case looks a little different. The severity of your injuries, the amount of available insurance coverage, and the specific circumstances of the crash all play a role in your potential settlement.
For reference, passenger injury settlements and compensation can range from a few thousand dollars to hundreds of thousands, especially in severe injury cases. But without legal guidance, it is easy for insurance companies to undervalue your claim.
In Oklahoma, you have two years from the accident date to file a personal injury claim, whether you were driving, walking, or riding as a passenger. This deadline, known as the statute of limitations under Oklahoma Statute §12-95, marks the legal window to pursue compensation – and once it passes, your opportunity to recover damages can disappear. Waiting too long can also make gathering evidence or locating witnesses harder. Acting quickly, even if you’re still in recovery, gives your lawyer the best chance to build a strong case on your behalf.
Whether you are riding with a friend, co-worker, or rideshare driver, the process for filing a claim as an injured passenger usually follows these steps:
If you worry about hurting your relationship with the driver, especially if they are a friend or family member, remember that insurance companies typically pay for passenger injury claims in car accidents, not the individuals involved.
If a car accident has injured you as a passenger, you don’t have to navigate everything on your own. The Oklahoma car accident attorneys at Abel Law Firm have helped injured Oklahomans for decades, standing up to insurance companies and getting results when it matters most.
To learn more about how we support injured passengers and others hurt in crashes, reach out to our team and schedule a free consultation. You can also reach our law firm by phone at (405) 239-7046. Let us fight for your rights while you focus on recovery.
What Is the Statute of Limitations for Personal Injury Claims in Oklahoma?
If you have been in a truck accident in Oklahoma, you might wonder how investigations into these crashes work. Truck accident cases are not like regular car accidents – there is much more involved in figuring out what happened and who is responsible. That’s because commercial trucks are massive vehicles that follow strict regulations, and when something goes wrong, it can cause serious injuries or even fatalities.
Understanding how truck accident investigations work can help you if you are involved in a trucking accident as a driver, passenger, or even a concerned family member. Let’s break it down step by step.
Truck accident investigations get underway immediately following the crash. After a call to 911, the local police, the Oklahoma Highway Patrol, or another agency with jurisdiction will show up to assess the scene. Their main focus is:
If the accident is severe – especially if there is a fatality – specialized investigators may be called in to take a deeper look into what happened.
Analyzing the crash site itself is one of the most crucial steps in an accident investigation. Investigators will carefully document things like:
Technology plays a significant role in this process. Some investigators use drones, 3D scanners, or other high-tech tools to reconstruct the accident scene as accurately as possible. The goal here is to gather every possible piece of evidence before the scene is cleared.
A truck accident investigation doesn’t focus exclusively on the crash scene, but also involves a deep dive into the details of the truck itself. A component in a commercial truck that malfunctions can cause a serious accident. To better understand what happened, investigators will examine:
Another significant factor is the truck’s event data recorder (EDR) or black box, which records important details like speed, braking, and engine performance before and during crashes. To get a clearer picture of what happened, truck accident investigators will pull this data.
After checking out the truck, the next step is investigating the driver. Truck drivers have to follow strict safety regulations, and breaking the rules can contribute to an accident. Investigators will check:
Evidence of a driver’s drowsiness, distraction, or impairment, could be a significant factor in determining liability.
In many cases, truck accident investigations go beyond just the driver. Trucking companies are responsible for making sure their vehicles and drivers meet safety standards. If they fail to do that, they can be held liable. Investigators will look at:
If the company cuts corners to save time or money, it could haunt them in an accident claim.
Truck accidents are complicated because multiple parties can be responsible. Depending on what the investigation reveals, liability could fall on:
This is why truck accident claims can get messy – insurance companies often try to shift blame to avoid paying out settlements.
Truck accident investigations involve many moving parts, and if you or a loved one is involved, you do not want to handle everything alone. A truck accident attorney can help by:
Because trucking companies and insurers will do everything possible to minimize their liability, having a strong legal advocate can make a big difference in your case.
Truck accident investigations in Oklahoma entail an involved process of examining evidence and records to identify all responsible parties. Every step matters when it comes to securing justice and fair compensation for the injured – and it’s a lot for a truck accident victim to take on themselves.
If you or someone you love has been in a truck accident, don’t wait to get legal help. The sooner an experienced truck accident lawyer in Oklahoma steps in, the better shot you have at building a solid case. Abel Law Firm knows how to take on trucking companies and insurers, making sure victims aren’t left to deal with everything alone. Call our law firm at (405) 239-7046 or visit our contact page to discuss your case and see your options.
Settling vs. Going to Court: What’s Best for Your Personal Injury Claim?
How Comparative Negligence Affects Your Personal Injury Claim
TULSA, Okla. — A woman is dead after a crash in east Tulsa on Wednesday morning.
Tulsa police told FOX23 one driver was going more than 90 mph on 21st Street and hit another driver near the intersection on Memorial around 11:30 a.m.
Police say the driver of the car that was hit died.
The driver and his girlfriend in the car that was speeding were taken to the hospital.
Police say none of the people involved in the crash had their seatbelts on.
“Those kind of speeds garner this kind of damage, especially on city roadways,” Tulsa Police Sgt. Brian Collum said.
The engine block of one of the cars was thrown across the road during the impact.
Police say the driver who caused the crash could face manslaughter charges.
THACKERVILLE, TX – According to ABC News, people on a train were injured after it crashed through a semi-truck hauling multiple vehicles at Hwy 77 and Addington Bend Rd Friday.
The incident happened around 7 p.m. when the semi-truck got stuck on the train tracks due to the elevation of the tracks and the weight of the multiple cars on the trailer.
A bystander who was in a vehicle behind the semi-truck caught the incident on film. Footage shows Amtrak Train 822, which goes from Fort Worth, Texas to Oklahoma City, Ok, train barreling through the trailer part of the truck, sending debris and an SUV flying through the air in every direction.
The bystander called 911, who then contacted the railroad network operator. Unfortunately, the train could not be stopped in time.
According to the police, the semi-truck driver was “shaken up” but otherwise uninjured in the collision. Of the 110 passengers and crew members on board the train when the crash took place, five people were hospitalized at two hospitals in the area with non-life-threatening injuries. All patients have been treated and released.
Local and state authorities are investigating the accident.
If you’re dealing with the aftermath of an injury accident, one of your most significant decisions is whether to settle vs. go to trial for your personal injury claim. Both options have pros and cons, and the right choice depends on your situation. Settling is usually faster and less stressful, but going to trial might lead to a bigger payout. The tricky part is knowing which path makes the most sense for you. Learn the difference between settling vs going to court for your personal injury case.
This guide breaks down the differences between settlements and trials, including what happens in each scenario and what factors you should consider before deciding.
A personal injury settlement is when the injured party (that’s you) and the at-fault party (usually their insurance company) agree on a payout without going to trial. This is the most common way personal injury cases are resolved because it’s quicker, easier, and less expensive for everyone involved.
Some of the advantages of settling a personal injury claim instead of going to trial include:
Settling also presents some possible disadvantages, such as:
Settling a personal injury case involves trade-offs, so it’s important to weigh the pros and cons carefully before deciding.
If you and the other party can’t agree on a settlement, your case may go to trial. This means a judge or jury will hear your case and decide if you deserve compensation and how much.
Some of the major advantages of going to trial include:
Going to trial can be a high-risk, high-reward decision, so it’s crucial to understand the stakes before moving forward. Here are some potential disadvantages to keep in mind:
Choosing between settling and going to trial isn’t always easy. Here are some key factors to think about:
A trial might be worth the risk if you have solid evidence proving the other party was at fault. But if your case is weak or there’s a chance the jury might not believe you, settling might be the more intelligent move.
If you need money ASAP to cover medical bills or lost wages, a settlement gets cash in your pocket quicker. Trials can drag on for years, leaving you in financial limbo.
With a settlement, you know exactly what you’re getting. With a trial, there’s always a chance you could end up with less – or nothing at all.
Some people are fine with the courtroom drama, while others want to move on. Be honest about how much stress you’re willing to take on.
Most personal injury lawyers work on contingency, meaning they only get paid if you win. But trials involve more legal fees, expert witnesses, and other costs that can affect your final payout.
Sometimes, insurance companies lowball you, hoping you’ll take the first offer. Other times, they offer a fair amount that is close to what you might get at trial. Your lawyer can help you figure out if the offer is reasonable.
Settlements are confidential. Trials, on the other hand, are public records. If you don’t want the details of your case out there, settling might be the better choice.
Settlements happen relatively quickly. Trials? Not so much. If you’re not in a rush, waiting for a trial could lead to a higher payout – but it’s a gamble.
At the end of the day, whether you settle or go to trial depends on your priorities. A settlement might be the way to go if you want a faster resolution with less risk. A trial could be worth it if you’re willing to take the gamble for a potentially bigger payout and public accountability.
Every case is different, and there’s no one-size-fits-all answer. That’s why you must talk to an experienced personal injury attorney in Oklahoma who can help you weigh the pros and cons and make the best decision.
If you’re dealing with a personal injury case and aren’t sure what to do next, Abel Law Firm can help. Contact our law firm today at (405) 239-7046 or visit us online to discuss your options and find the best path forward.
How Comparative Negligence Affects Your Personal Injury Claim
Accidents happen. One second, you are going about your day, and the next, you are dealing with injuries, medical bills, and a whole lot of frustration. If someone else is to blame for what happened, consider filing a personal injury claim for financial relief. But what if you were not entirely innocent in the situation? Maybe you were speeding a little when the other driver ran a red light, or you were not paying full attention when you slipped on a wet floor at a grocery store. Learn more about comparative negligence in personal injury from our blog.
This is where comparative negligence comes into play. You are in the right place if you’ve heard the term but are unsure what it means or how it could impact your personal injury case. Oklahoma follows a specific version of comparative negligence in personal injury claims, which can make or break your ability to recover compensation.
Comparative negligence affects how much compensation you can recover in a personal injury case if you share fault. Instead of an all-or-nothing system, courts divide blame among those involved, adjusting compensation accordingly.
For example, if you’re in a car accident where the other driver ran a stop sign, but you were speeding, the court may find you 20 percent at fault. That means your compensation is reduced by 20 percent. So, if your damages total $100,000, you would recover $80,000.
States apply this rule differently. Some follow pure comparative negligence, allowing you to recover damages even if you’re 99 percent at fault. Others, like Oklahoma, use a modified comparative negligence rule, meaning you can only recover damages if you’re less than 50 percent responsible for the accident.
How Comparative Negligence Works in Oklahoma
In Oklahoma, you can only recover compensation if you are less than 50 percent at fault for the accident. If you are found to be 50 percent or more responsible, you are out of luck – meaning you will not get a dime, no matter how severe your injuries are. This is what’s known as the 51 percent bar rule, and it is a significant factor in personal injury cases.
Here is how it works in real life:
Because of this rule, insurance companies love trying to shift as much blame onto injury victims as possible. The higher they can push your percentage of fault, the less they have to pay – or, ideally, for them, they can push you past that 50 percent mark and pay nothing at all.
So, how do courts and insurance companies decide fault? They look at things like:
In a personal injury claim, proving fault affects your compensation. The more blame you place on the other party, the more you recover. If the defense proves you were partially at fault, your payout decreases.
Before Oklahoma adopted the modified comparative negligence rule, it followed the stricter contributory negligence system. Under this rule, even the slightest fault on your part – just 1 percent – would prevent you from recovering any compensation.
For example, imagine you’re in a car accident where the other driver is 99 percent responsible, but you were found 1 percent at fault because you briefly adjusted your radio. In states that still use contributory negligence, that tiny mistake would completely bar you from receiving any damages, no matter how severe your injuries or losses.
Fortunately, Oklahoma’s modified comparative negligence system is more forgiving. As long as you are less than 50 percent at fault, you can still recover damages, though your compensation will be reduced based on your percentage of responsibility.
In most accidents, the fault is shared between both parties. Courts assess each side’s role to determine liability.
Take a car accident scenario where both drivers are equally at fault:
In a modified comparative negligence state like Oklahoma, neither driver can recover damages if they are 50 percent or more at fault. Since both share equal blame, neither receives compensation.
Why Legal Representation Matters
Insurance companies will fight to place as much blame on you as possible. They know that they don’t have to pay anything if they can push you over the 50 percent threshold. Even if they cannot do that, they will try to chip away at your compensation by increasing your percentage of fault.
That is why having an experienced personal injury lawyer is crucial.
Having a lawyer on your side is crucial if the fault is being debated in your personal injury case. Insurance companies will try to minimize your payout, and without strong legal representation, you could end up with far less than you deserve – or nothing at all. A skilled attorney can gather evidence, challenge unfair fault claims, and fight for the maximum compensation. Don’t wait until it’s too late to protect your rights. Abel Law Firm can help. Call our law firm (405) 239-7046 or visit our contact page now to schedule a consultation with our Oklahoma personal injury attorneys. The sooner you take action, the stronger your case will be.
Settling vs. Going to Court: What’s Best for Your Personal Injury Claim?
One of the most unanticipated aspects of being a driver involved in a car accident in Oklahoma is dealing with an insurance adjuster after the incident. Insurance adjusters want to hear from you directly what you saw, heard, and did before the accident and in the seconds when it happened.
There are two things about this encounter that you may not realize. First, your conversation with the insurance adjuster is important to whether the insurance company pays your claim. And second, the insurance adjuster, no matter how nice they are, is not always on your side.
Insurance claim adjusters are frontline representatives for insurance companies following a motor vehicle accident. They manage the crash investigation, evaluate damages to your car, sometimes assess the damage to other vehicles, and negotiate insurance claims.
Adjusters ensure that vehicle owners with legitimate claims receive fair compensation while protecting insurance companies from fraudulent claims. They try to compensate car owners but also keep future insurance rates low for all.
The situation is more complex than that. Corporate insurance leaders strongly encouraged their adjusters to look for ways to deny claims or reduce settlement offers as much as possible. To achieve this objective, they scrutinize police reports, analyze medical records, read witness statements, and assess property damage. They look for inconsistencies in the injured party’s account of the accident, evidence of pre-existing conditions, or signs that the injured person might be partly at fault.
Insurance adjusters often request a recorded statement soon after an accident occurs, insisting that it is a routine part of the process and that it will expedite your claim. Usually, this recording happens during a phone conversation with your adjuster. In many states, but not all, adjusters must inform you ahead of time if they record the conversation. Regardless, don’t agree to do it. In fact, under Oklahoma law, you are not obligated to give a written or recorded statement.
Don’t admit fault during your interview. Although that sounds like a simple request to follow, it might be more difficult to accomplish than you’d think. Insurance companies can spin even polite or innocent-sounding statements like, “I’m sorry,” “I’m okay,” or “I wish I had acted more quickly,” to be admissions of fault by you.
If an adjuster presses you for a statement, politely but firmly inform the adjuster that you’ll submit a written account of the accident after consulting your attorney. If you must answer questions, stick to the basic facts of what happened without saying more than you need to — be as brief and straightforward as possible. When you’re unsure about some details, say, “I don’t remember,” or “I’m not sure.” Don’t guess or speculate.
Insurance adjusters might also approach you to sign a medical authorization form, saying it’s part of the claims process and might help you get a quick settlement. With this unlimited access to your medical records, adjusters will look for any information that could reduce your settlement offer, discredit you, or shift blame for your current injuries to a prior incident. Examples include finding information on pre-existing conditions, previous injuries, mental health records, or previous medical bills to establish “normal” treatment costs.
The Health Insurance Portability and Accountability Act (HIPAA) protects your sensitive medical records from being disclosed without your consent. So, instead of signing an insurance company’s forms, work with your attorney to provide only the medical records directly related to your accident injuries.
This protocol will protect your privacy while providing the documentation necessary to support your claim.
Among the skills that good insurance adjusters possess is that they are trained negotiators. They know that once the accident happens, you’ll face immediate financial pressure from medical bills, lost wages, and vehicle repair costs — and they capitalize on it.
They will often present you with a speedy settlement offer and even suggest that it is the best or only offer you will receive, hoping that you give in to their pressure tactics and accept their offer. While these settlement pitches seem generous initially, they almost always fall far short of fair compensation. Plus, it’s not the best they can do.
Also, these initial settlement offers rarely account for ongoing medical treatment, future rehabilitation needs, long-term disability, pain, suffering, emotional distress, or the full impact of your injuries on your earning capacity.
Once you accept a settlement and sign a settlement agreement and release, you waive your right to seek additional compensation for the same accident, even if your condition worsens or you discover additional accident-related expenses. You can make an informed decision about settlement offers only after knowing the full scope of your losses.
Oklahoma’s statute of limitations for car accident claims allows an injured person two years from the date of the accident to file a lawsuit against the at-fault party. That allows you time to understand your prognosis and consult medical professionals about potential future complications before you consider any settlement offer.
You must have an attorney if you find yourself battling to get an insurance company to pay a claim. Insurance adjusters often discourage accident victims from hiring an attorney because they know legal representation will typically increase your settlement amount. Adjusters will tell you things like:
Don’t believe them. An experienced attorney can accurately assess the full value of your claim, will recognize common insurance company strategies, and knows how to build a compelling case so you can receive fair compensation.
When should you talk to an attorney after an accident? Immediately — preferably before you speak to an insurance adjuster. Although consulting an attorney at any stage of the process is valuable, you’ll be better off engaging an attorney right away.
You don’t have to face aggressive insurance claim adjusters alone. If you were injured in a car accident, our dedicated team of attorneys can talk to the adjusters on your behalf. We understand the complex tactics insurance companies use, and our experienced attorneys will fight to protect your interests throughout the claims process. Call Abel Law Firm at (405) 239-7046 or contact us online and let us lead you through this process.
Accidents top the list of leading causes of death and disability in the United States. A report from the U.S. Centers for Disease Control and Prevention (CDC) reveals that more than 50.3 million people are treated at emergency rooms and physicians’ offices every year for unintentional injuries. Fortunately, victims do have remedies under Oklahoma state law. Many parties settle their claim, but the legal process raises an important question: How are personal injury settlements paid out in an Oklahoma accident case?
Personal injury settlements in Oklahoma are typically paid promptly after the parties agree and sign all paperwork. However, several possible arrangements for paying accident claims exist, and various factors will affect the settlement amount.
You can rely on an Oklahoma personal injury lawyer to guide you through settlement negotiations and discussions with an insurance company. It is also useful to review some background about what to expect when settling an accident case.
Settling an accident claim by agreement is a common option for victims because they gain certainty in the outcome and have a faster resolution time. You can enjoy these and many other benefits if you were injured or lost someone close to you in an accident. The National Center for State Courts (NCSC) reported in 2015 that an agreed settlement is the most common outcome for civil cases, with the parties resolving their claim by agreement in 62 percent of suits. However, one-third of most cases in 2023 were resolved through non-trial processes, ten percent of which were explicitly coded by the courts as settlements.
You can receive settlement payments via agreement in many types of injury-causing or fatal accidents, including car, truck, and motorcycle collisions. Agreements are also possible if your injuries result from a slip-and-fall, medical malpractice, or workplace accident caused by a third party. Settlement processes may cover such injuries as:
Accidental injuries cause physical, financial, and emotional losses, so it’s understandable to have concerns about the timeline. You need to know how long a personal injury claim takes when you’re dealing with the consequences and seeking compensation and closure. The deadline for personal injury cases is one factor that keeps your case moving along. The Oklahoma statute of limitations gives you just two years to take legal action after an accident, and you must file a lawsuit before it expires.
Some factors that affect the timing of the proceedings include the complexity of the case, the extent of your injuries, and discussions with the insurance company. Typically, a personal injury claim progresses through three primary phases:
In Oklahoma, compensation aims to restore an injured person to their pre-injury condition to the greatest extent possible. Monetary damages achieve this objective, and there are two main types:
Economic damages are tangible financial losses resulting from the injury or illness. These are often easier to calculate because receipts, invoices, or other documentation are available as evidence. Examples include:
This category of compensation covers more subjective losses. These intangible losses are highly personal to your experience as a victim. Non-economic damages are often more challenging to put into a dollar value, but an experienced Oklahoma personal injury attorney may help you recover compensation for:
Note that a fatal accident also falls under the purview of personal injury laws in Oklahoma. Surviving family members may also have the right to recover monetary damages through a wrongful death claim. It is possible to obtain compensation for both economic and non-economic damages in a wrongful death claim since these individuals suffer losses due to the victim’s death.
Once the parties resolve the amount of damages in a personal injury case, they might discuss arrangements for how to pay compensation. Your personal injury lawyer will negotiate details on your behalf. Possible approaches to payouts for personal injury settlements include:
If you hired legal counsel on a contingency fee basis, legal fees are deducted from the settlement offer according to your agreement with your lawyer.
Knowing how personal injury settlements are paid out is useful, but you gain an advantage when you have skilled legal representation. Our Oklahoma personal injury attorneys at Abel Law Firm will advocate for you during settlement discussions and continue to support you in recovering fair compensation for your losses.
To learn more about our legal services, please call (405) 239-7046 or head to our website. Our law firm can set up a free, confidential consultation to learn more about your story. Our experienced personal injury attorneys can advise you on the legal process of your personal injury lawsuit.
Oklahomans across the state have recognized the Abel Law Firm's unique heritage as a statewide institution. Founded by Ed Abel, and today led by his son, Luke Abel, our personal injury law firm has become synonymous with empathy, compassion, and the highest professional performance serving our neighbors. Our family has sought to leave a profound impact upon the State of Oklahoma. We appreciate that former Governor Mary Fallin recognized that dedication when she declared May 1st "Ed Abel Day."
To be named Oklahoma's Best Personal Injury Law Firm is humbling. We are grateful to have won this prestigious honor. We work every day to earn the trust of those we serve: Oklahoma families who are facing some of the most difficulty days of their lives due to the negligence of others. It is our intention and resolve to continue to be deserving of the faith Oklahomans have placed in our family's law firm. Thank you!
