Oklahoma Personal Injury Attorneys

Do I Have a Personal Injury Case?

To find out if you have a valid claim, you should have an Oklahoma personal injury lawyer review your case. Three key factors that may determine if you have a case are:

Statute of Limitations

States have laws that limit the amount of time injured victims have to file personal injury claims. This is known as the statute of limitations. For example, in Oklahoma, you generally have two years from the date of your accident to file a claim.

If you do not file your injury claim within this period, you may be barred from filing a case at all. While there are some exceptions to the statute of limitation, it’s important that you call a lawyer as soon as possible after being injured.

Negligence

Proving negligence in an Oklahoma personal injury case can be a complex process. Negligence is a legal term that describes a situation in which someone acts in a careless or reckless manner, thereby causing injury or harm to another person. To prove negligence in a personal injury case, you typically must show four key elements: duty of care, breach of duty, causation, and damages.

First, you need to demonstrate that the defendant owed a duty of care to you, the plaintiff. This generally means that the defendant had a responsibility to act in a certain way to prevent harm. For example, a motorist often has a duty to operate a vehicle in a safe and reasonable manner to protect other drivers on the road.

Second, you need to show that the defendant breached that duty of care. This essentially means that the defendant’s actions did not meet the standard of care expected for the situation. For example, if a motorist runs a red light and causes an accident, they likely have breached the duty of care they owe to other drivers.

Third, you need to show that the defendant’s breach of duty caused the plaintiff’s injury. This is known as causation, and it is an essential element of a negligence claim. For example, if a motorist runs a red light and causes an accident, it typically must be shown that the accident would not have happened if the motorist had not run the red light and that causing an accident was a reasonably foreseeable consequence of running the red light.

Fourth, you need to show that the plaintiff suffered damages as a result of the defendant’s negligence. Damages typically can be awarded as compensation for physical injury, pain and suffering, medical bills, lost wages, and property damage, among other things.

Damages

Most injuries are apparent like bone fractures or burns; however, there are other types of injuries or damage you may not even be aware of. Many victims of personal injury also experience emotional distress and psychological changes, such as post-traumatic stress disorder.

Also, some illnesses, like those caused by asbestos, may take time to manifest, and the cause may not be immediately obvious. These types of injuries can take years to fully understand, and come with their own legal complexities.

This is why it’s important to seek medical advice after an accident or if you experience any medical issues. A lawyer may also review your case to determine if someone else is responsible for your injury.