When a person in Oklahoma receives an injury or damage to their property as the result of the actions or lack of action of another person or company, they can file a personal injury claim to seek compensation, or damages, for their losses. Typically, people think of car accidents when discussing personal injury cases. Yet, personal injury might involve battery, defamation, false imprisonment, or some other intentional wrong. It can even occur because of medical malpractice or a defective product. Personal injury or “tort” law allows the victim to make a claim inside or outside a court.
Note Specific Deadlines
The victim making a claim, or claimant, must pay close attention to every deadline. Most people receive up to two years to file a claim from the moment an injury occurs, or they become aware of an injury or its true extent. They receive only one year to file a claim against a local government or the state. These deadlines are known as the statute of limitations. It’s important to note that lawyers usually need months of extra time to conduct an investigation before they can legally file the claim. Additionally, if a government office denies a claim, the victim only receives 180 days to file a lawsuit after they receive the denial. Once a deadline passes, Oklahoma won’t allow the victim to take legal action.
Speak to a Lawyer
The claimant must discuss their case with a trusted local lawyer licensed in the state to learn as much as possible about their rights and the steps they must take based on their unique situation. Typically, they complete an initial consultation, and then, if the attorney decides to take their case, the lawyer conducts an investigation and collects data. If the victim has medical injuries, the lawyer might require them to continue to see their current physician or specific specialists and receive additional diagnostic testing and treatment options.
Many personal injury attorneys work on a contingency basis. Meaning there is no cost to the victim upfront and the attorney’s fees are deducted from the settlement they receive.
Wait for Contact
The claimant, referred to as a plaintiff when the case reaches court, waits for their lawyer to send a claim and compensation demand package to the person or company liable, or at fault, for the injury. The lawyers from both sides then negotiate a compensation amount as part of a settlement with specific terms. If they can’t reach agreement, then everyone goes to trial. Either way, the claimant waits for instructions from their lawyer based on the outcome of the negotiations.
Wait for Judgment
The plaintiff must deal with a process that involves a legal demand for a judgment often followed by an additional investigation, or discovery, with or without face-to-face depositions under oath or interrogatories. The lawyers make a second settlement attempt. If the plaintiff still can’t reach agreement with the person who hurt them, or defendant, then a judge or jury must decide the outcome. The court might find the plaintiff partially or fully at fault. With partial liability, they usually receive a smaller compensation amount. The state might also cap the amount, or a judge or jury might reduce it, no matter the level of liability.
Address the Outcome
If the judge or jury tosses the case, the plaintiff can ask their lawyer to appeal. If they win, they might use the money to cover financial losses, such as past or likely future loss of part or all of their income. Many people use personal injury damages to pay down debts accumulated because of the injury, such as medical bills. With property damage, they might use the money to conduct repairs or replace damaged property entirely.
