Category: Personal Injury

Losing a loved one suddenly and unexpectedly can destroy your entire life. When you learn that the death was caused by someone’s recklessness or negligence, your grief may turn to anger over the injustice of the situation.

A wrongful death claim is one option that could help you achieve some form of justice. While nothing can bring your loved one back, a successful wrongful death claim could provide you with compensation you need to start putting your life back together.

According to Oklahoma law, the representative of your loved one’s estate may file a wrongful death claim. The claim must be filed within two years of the death.

The elements of a wrongful death lawsuit

As with a personal injury lawsuit, you must prove negligence to succeed in a wrongful death claim. This requires proving:

• Duty of care
• Breach of duty
• Causation
• Damages

You must show that the other side had a duty to protect your loved one’s safety.

For example, in a wrongful death case involving a car accident, you must show the driver had a duty to drive safely. If your case is based on medical malpractice, you must show that the medical provider had a duty to ensure your loved one’s health.

To prove a breach of duty, you must show how the other side failed in their duty of care. In the car accident example, this could be running a red light, while in the medical malpractice example, it might mean providing an incorrect prescription.

Causation is often the most challenging to prove. You must show that the breach of duty led to your loved one’s death. There are many types of evidence you can use to prove causation, such as witness testimony, photographs, video evidence or professional opinions.

Compensatory and punitive damages

Proving damages requires showing the exact loses you incurred due to the death. Damages may include compensatory or punitive damages.

Compensatory damages are meant to compensate you for your loss and can be economic or non-economic. Compensatory damages include funeral and burial expenses, medical expenses, lost wages, pain and suffering and loss of companionship and support.

Punitive damages are not meant to compensate you for your individual losses but are meant to punish the negligent party. The purpose of punitive damages is to discourage others from engaging in the same behavior in the future.

Gathering your evidence

Evidence you need to prove damages includes documentation of specific losses, such as medical bills, burial costs and your loved one’s pay stubs to prove lost wages.

Certain documents might be required, such as your loved one’s death certificate, medical examiner’s report and any police reports. Knowing what types of evidence are the strongest in your case and how to obtain them can make a difference in the outcome.

Although the result of a successful wrongful death claim is financial, pursuing wrongful death damages is about more than money. It can provide you with a way to hold the negligent party responsible and honor your loved one’s memory.

Motorcycle accidents in Oklahoma often leave victims with severe and catastrophic injuries and sometimes even permanent disabilities. The impact of a motorcycle crash could be felt by a victim and their families for the rest of their lives.

Many motorcyclists enjoy riding as a hobby as well as a form of transportation. If this sounds like you, an accident on your motorcycle could also leave psychological scars, leaving you unable or unwilling to get back on your bike.

Motorcycle accidents are a serious problem in Oklahoma. According to the Oklahoma Department of Transportation, there were 61 motorcyclist fatalities in 2020. Additionally, motorcyclists are approximately 29 times more likely to die in a motorcycle accident.

No matter how much you try to stay safe on your motorcycle, you may find yourself the victim of an accident. It is important to know what to do in the immediate aftermath of the crash and in the days and weeks ahead.

Call the police and gather evidence

While you may feel overwhelmed or in shock after the accident, call the police and an ambulance. You must receive immediate medical attention for any injuries and the police should perform an investigation of the accident scene and create a police report.

Tell the police what happened, but do not apologize or take responsibility for the accident. Ask for a copy of their report.

Today’s technology makes gathering evidence after an accident easier than it has ever been. If you are able, take photo and video evidence of the accident scene, including the damage done to your bike.

Take photos of the surrounding area. This helps document the road conditions, weather at the time of the accident and other details that can be used as evidence.

Get the names and contact information of everyone involved in the accident, as well as witnesses.

You might be thinking, “what if I am too injured to take any of these steps?” This is understandable and certainly a possibility. You can try asking someone else to help and perform these actions for you.

Seek medical attention even if you do not believe you are injured

Some types of motorcycle accident injuries are not immediately apparent. You may be in shock and full of adrenaline from the accident, which can hide or mask injuries or symptoms.

Additionally, you may have injuries that do not show up immediately, such as internal bleeding or damage.

Contact your insurance company about the accident. You are likely required to promptly report any accidents as part of your insurance policy. However, you have no duty to speak with the other driver’s insurance company. It is better to not speak with them until you understand your legal rights after an accident.

Although the other driver’s insurance company could cover your costs, many times, the amount is simply not enough. Your damage could include more than just your medical bills to include lost wages, pain and suffering and psychological trauma.

Filing a personal injury claim could result in the compensation you need to make you whole again after a motorcycle accident. Knowing how to build a strong case for negligence against the other driver increases your chance of recovering compensation.

The injuries associated with a truck accident can be catastrophic, leaving a victim with disabling injuries that reshape how they live their life for years, perhaps even decades, to come. The emotional and financial toll taken by these injuries can be overwhelming, too. As a result, many victims don’t know where to turn for help or how to start rebuilding their lives.

A personal injury lawsuit might give an avenue to recover compensation for damages suffered, thereby providing financial support needed to sustain a recovery, but the process is oftentimes more complicated than people think.

You certainly don’t want to be taken by surprise in your truck accident personal injury case. If you are, then you could end up losing out on the compensation that you deserve. So, how do you go about building your personal injury case in a way that protects you from aggressive defense tactics? Let’s look at some strategies that you might be able to implement in your case.

There are some obvious and not so obvious places to look for evidence to support your truck accident case. This includes the following:

• Witness accounts: You’re going to need witness testimony to corroborate your accounting of the events leading up to your accident. So, gather contact information and acquire written statements if you can, that way you know how these witnesses will testify at trial.
• Trucking logs: Truckers are required to adhere to federal hours of service regulations. These rules seek to keep tired and fatigued truckers off the road. When truckers violate these regulations, then their driving capacity can be diminished, putting motorists like you at risk of being injured in an accident. So, try to get your hands on these logs, as they could be indicative of negligence.
• Truck maintenance log: Truckers and their employers are required to routinely inspect their rigs to ensure that they are in safe driving condition. When they don’t, then a defective truck can lead to a devastating crash. Subpoena these maintenance records so that you can see if the truck that caused your accident was improperly maintained. If it was, then you’ve found evidence to support an argument that negligence contributed to your accident.
• Personnel files: Truck companies should only hire drivers who have satisfactory driving records and are capable of safely operating a big rig. Sometimes, though, these companies stray from hiring safe drivers out of a need to quickly fill positions. In some of these instances, these drivers are clearly dangerous. In others, truck companies simply fail to adequately train their employees. These facts could help support your truck accident case.
• Expert testimony: Some truck accidents are complicated, especially when they involve multiple vehicles. This can make it difficult to determine causation. Here, you might need an expert to help you analyze the evidence and formulate a professional opinion as to the accident’s cause and who is to blame for it.

You need strong legal arguments supported by compelling evidence if you hope to recover the compensation you need for your recovery. That will take some time, effort, and legal know-how, but you can and will get through the process. The only question is what sort of outcome you’ll achieve in your case. Be ready to advocate for what’s fair and just by starting the evidence gathering process now.

When you file a personal injury lawsuit, you are trying to recover compensation for everything you lost as a result of someone else’s negligence. The law refers to everything you have lost as your “damages.” To make sure you are compensated for everything you lost, you must itemize and calculate your damages.

Economic damages

Oklahoma law uses two main categories for damages: economic and noneconomic. Economic damages include losses that can be verified, such as your medical expenses and the wages you lost while you were unable to return to work.

It’s important to note that economic damages aren’t limited to the losses you suffered up until you filed your lawsuit. To recover the full compensation you deserve, you must also calculate how these economic damages will continue in the future. This is especially important in cases involving serious injury. If your injuries will require you go through medical and rehabilitative care for many years, you should be compensated for those costs. Similarly, if your injuries mean that you can’t do the kind of work you did before the accident, and that you will therefore earn less than you did before you were injured, you should be compensated for that future loss of income.

Noneconomic damages

A serious injury can affect almost every aspect of your life, and it isn’t easy to put a price tag on some of these changes. The category of noneconomic damages is meant to help the injured recover compensation for these losses, which can include pain and suffering, loss of companionship, disfigurement, mental anguish and more. If you aren’t compensated for these losses, you are not being compensated for everything you have lost as the result of someone else’s negligence.

However, Oklahoma law places some limits on the total amount of noneconomic damages available. In most cases, noneconomic damages are capped at $350,000. In most medical malpractice cases, the limit is $300,000. Under the state’s comparative negligence law, you cannot recover at all if you were more than 50% at fault for the accident in which you were injured.

There are some exceptions to the noneconomic damages limits. These are chiefly for cases in which the defendant’s behavior was especially egregious.

Driving is often a stressful experience. There are many factors that can cause your drive to be unpleasant or even downright scary.

Distracted, drunk or aggressive drivers usually make the road conditions terrible for everyone. Bad weather or road construction also often slow drivers down and result in traffic jams.

After traffic jams clear up, many drivers start speeding to make up for lost time, continuing to make the roads unsafe for drivers and increasing the chance of a serious or deadly car accident.

You have probably been in this type of situation more than once. Perhaps you have wondered how safe Oklahoma roads are, especially compared to other states.

Study shows Oklahoma roads are some of the safest in the country

It might surprise you to know that Oklahoma has been ranked as one of the best states to drive in.

Oklahoma came in fourth place in an overall ranking of the best states for driving, with Iowa, Georgia and Kansas being in the top three.

The study that determined these rankings examined several different factors including average gas prices, road conditions and traffic congestion on the roads. Other considerations included the cost of owning and maintaining a car and access to vehicle maintenance facilities.

Despite these positive statistics, motor vehicle accidents can still happen on Oklahoma roads, and you should do your best to be prepared and stay safe while driving.

Tips for staying safe on the roads

Always make sure your vehicle is properly maintained. Have regular maintenance checks done and avoid driving if your vehicle is not working properly, especially on busier roads or highways.

Use the safest available route. You probably know the roads and highways that are likely to be the busiest, so using back roads or an alternate route can make for a safer drive.

This is not always practical, since sometimes the busiest route is the fastest. When you find yourself stuck in traffic, give other drivers plenty of space. Do not tailgate. This increases your reaction time and reduces the chance of colliding with the vehicle in front of you if you must come to a sudden stop or are rear-ended by the vehicle behind you.

Stay in the middle lane on a three-lane road. This is usually the safest lane. The left lane is usually filled with the fastest drivers, while the right lane contains drivers entering or exiting the highway.

Give yourself extra time if you know you will likely face heavy traffic or if you must be somewhere at a certain time. Avoid aggressive driving if you fall behind schedule. Remember that getting to your destination safely is your goal.

A car accident can change your life forever

The aftermath of a car accident can be difficult. While you try to heal from your injuries, you may face mounting medical bills and miss work or even lose your job.

The impact of a car accident is not always just physical. Accident victims often experience severe mental and emotional injuries after the accident that require ongoing counseling and therapy.

Compensation for these and other costs through a personal injury action can help you start to rebuild your life after an accident.

According to Oklahoma Highway Safety, there were nearly 700 fatal accidents in Oklahoma in 2021. The loss of a loved one in an accident can be overwhelming for the family members left behind. In addition to dealing with the devastation of suddenly losing someone they love, they may also have to worry about paying bills and supporting their families.

If someone’s negligence, recklessness or an intentional action caused your loved one’s death, you may be able to file a wrongful death lawsuit on behalf of the deceased person who cannot file a personal injury claim for themselves.

Who can file a claim?

In Oklahoma, a personal representative of the person who passed away is the only one who can file a wrongful death claim. If the deceased had named an executor in the will, that executor is the personal representative. If there is no will, the court will have to appoint a personal representative. Typically, that will be a close family member.

What damages can I recover?

While the personal representative is the only one allowed to file suit, several parties may recover compensation, including surviving spouses, children, and parents of the deceased. These parties may recover damages for:

• Medical, burial, and/or funeral expenses.
• Loss of income/benefits the deceased would have earned if they were still alive.
• Pain and suffering experienced by deceased prior to death.
• Loss of consortium.
• Loss of companionship.

Filing your wrongful death claim

The personal representative of the deceased’s estate will typically have two years from the date of the deceased’s death to file suit. In most cases, a party will be liable for damages if they owed a duty of care to the deceased and their breach of that duty caused the deceased’s death.

For example, drivers owe a duty to other drivers to operate their vehicles safely. If a driver speeds through a red light and strikes another driver’s vehicle, and the other driver passes away as a result of the accident, the negligent driver may owe damages to the family of the deceased.

In recent years, Oklahoma has seen a worrisome rise in auto accidents with injuries and death. Lawmakers, law enforcement, government entities and researchers point out why this is the case.

Reasons for the increase in accidents include:

• Drivers behaving more recklessly and traveling at excessive speeds
• More people getting behind the wheel while under the influence
• Distraction with the temptation of cellphones with seemingly endless capabilities to stay connected and multitask
• People working longer hours and spending more time on the road, leading to drowsy driving

This puts everyone in jeopardy, especially pedestrians, bicyclists, and motorcyclists. Children and the elderly are at constant risk, but anyone can be injured.

Vision Zero program hopes to reduce fatal accidents

The road fatality statistics in Oklahoma City have been rising, even with the number of accidents and injuries on the decline. Between 2018 and 2021, auto crash fatalities increased by more than one-third for people in automobiles. For pedestrians, they rose by nearly three-quarters.

In its role overseeing the national transportation system, the U.S. Department of Transportation is tasked with finding solutions to the inevitable problems that arise. One way in which it is trying to make the roads safer is through the Vision Zero program.

Oklahoma City received an $800,000 grant from the USDOT in early 2023. Now, strategies are moving forward. The plan is for the project to be completed within 18 months. Many fatalities are viewed as avoidable if people are attentive and adhere to the law.

Some areas in the city do not have sidewalks. Adding them is expected to improve safety. Lowering the speed limits on specific roads is also under consideration. Through the comprehensive Vision Zero program, people are encouraged to behave in a safer manner with the ultimate objective of eventually ending all road deaths.

There are ways to address the aftermath of an auto accident

Despite the well-crafted concepts and lofty ambition of Vision Zero, the sad reality is that many motor vehicle accidents in which people are hurt or lose their lives are difficult to prevent. In addition to the trauma of severe injuries or losing a family member, many people are unsure of what they can do to recover for all that was lost.

The vast majority of personal injury cases settle before going to trial. Still, you shouldn’t be so quick to pull the trigger on a settlement agreement. In fact, all too often the initial offer made during negotiations are contrary to a victim’s best interests, as they tend to fall well short of providing what a victim truly needs and deserves as they focus on their recovery.

So, what can you do as you head into negotiations on your personal injury claim? How can you ensure that you’re protecting your interests and your future while still expediting the process? These are good questions. We hope the following information will provide some answers.

How to prepare for settlement negotiations

If you want to maximize the settlement negotiation process, then you need to be prepared when you’re going into it. This means doing the following:

1. Gaining an understanding of your economic damages: Before you sit down at the negotiation table, you have to know what your case is worth. Therefore, you’ll want to calculate your lost wages and medical expenses that have already incurred, but you’ll also want to talk to your doctor to determine what your anticipated medical expenses will look like. You can also calculate out your lost wages based on the amount of time that you’ll be out of work to focus on your recovery.
2. Determining your non-economic damages: Although you’re probably going to face significant financial losses in the aftermath of your accident, there are other forms of harm that will befall you. Physical pain, limited mobility, mental anguish, loss of enjoyment of life, and disfigurement are all real possibilities. And these damages have value in your personal injury claim. So, think through what those damages might be worth.
3. Considering favorable evidence: You have more leverage at the negotiation table if you have strong evidence to support your case. If your evidence is questionable, then you’ll probably need to be prepared to negotiate a little more. So, before heading into negotiations, you should make sure that you talk to witnesses and fully assess the evidence at hand.
4. Analyzing the evidence against you: The defense isn’t just going to let you run the show in your personal injury case. They’re going to raise arguments to try to avoid liability or at least minimize the money that they’ll have to pay out. One way they do this is by trying to show that the victim was partially to blame for the accident. If they can successfully show that in court, then the ultimate recovery will be significantly diminished by the amount of fault allocated to the plaintiff.
5. Thinking through the logistics of your recovery: A lot of accident victims want to wrap up their cases as quickly as possible. You might be in that boat, too. But think through what you need and what the logistics of your recovery will look like. If you need a significant amount of compensation to spur your recovery forward, then you might need to be prepared to aggressively advocate for what you deserve, even if that takes more time. If, on the other hand, you only need a fraction of your actual damages and value your time more, then you might be in a position to reach resolution more quickly. Some people settle their cases quickly because they’re simply strapped for cash. So, think through what makes the most sense for you.

Secure the outcome that’s best for you

There are a lot of ways to approach your personal injury case. You need to find and develop the strategy that works best for you.