If you’ve been injured in a car accident, a settlement can compensate you financially for the damages suffered. Depending on the circumstances, these losses can include medical expenses, lost wages, loss of earning ability, vehicle damage, and non-economic damages like pain and suffering.
Both sides tend to prefer settlements because they can provide a quicker resolution than a court case and avoid the uncertainty of a trial. However, it’s crucial to remember that once a settlement agreement is signed, the plaintiff usually forfeits the right to pursue any further legal action related to the accident. For this reason, it’s always a good idea to have an Oklahoma car accident lawyer looking out for your interests during negotiations.
If you or a loved one has been involved in a motor vehicle accident in Oklahoma, the experienced team at Carr & Carr is here to help. The dedicated attorneys at our law firm have years of experience dealing with car accident claims and are committed to fighting for the maximum compensation possible. Contact us today to schedule a free, no-obligation consultation.
Why Hire Carr & Carr for Your Oklahoma Car Accident Claim?
- Experience: Carr & Carr has decades of experience negotiating automobile accident claims in Oklahoma. Our attorneys stay current on this state’s motor vehicle laws and insurance regulations and have successfully represented countless clients.
- Personalized Service: At Carr & Carr, we prioritize getting to know you and the specifics of your case. This way, we can develop a personalized legal strategy to secure fair compensation.
- No Win, No Fee: We operate on a contingency fee basis, meaning that you don’t pay unless we win your case. This reduces your financial risk and assures that our interests align with yours – we are committed to achieving the best possible outcome for you.
- Negotiation Skills: Insurance companies often offer lowball settlements to save their own costs. Our skilled lawyers are adept at negotiating with these companies to fight for the compensation that you rightfully deserve.
- Litigation Ready: If you have to go to trial, you can rest assured that you have a team of experienced litigators fighting for your rights. We have achieved a successful outcome in many personal injury lawsuits.
- Compassionate Support: Auto accidents can be a traumatic experience. We aim to provide not only legal assistance but also emotional support, treating each case with the care and attention it deserves.
The Car Accident Settlement Process in Oklahoma
After a car accident, you’ll want to report the crash to the police and your insurance company as soon as possible. The police will generate an official accident report, which is crucial for establishing the details of the incident. You should also file a claim with the at-fault party’s insurance company, which initiates the process of seeking compensation for your damages.
Once an accident lawsuit is filed, the insurance company will conduct an investigation. This process involves evaluating the accident scene, reviewing medical care reports, and examining other relevant evidence. Based on this investigation, the insurer will determine liability and estimate the value of the claim.
Although you aren’t legally required to do so, you should hire a personal injury lawyer with extensive experience in car accident cases. A lawyer can guide you through the claims process, gather necessary evidence, negotiate with the insurance company on your behalf, and represent you in court if necessary.
After their investigation, the insurance company for the at-fault driver will typically offer a settlement. If this offer does not adequately cover applicable damages, your lawyer can negotiate for a higher settlement. This step involves a lot of back-and-forth discussions until an agreement is reached or it’s decided that the case should proceed to trial (which rarely happens).
Calculating Car Accident Settlements in Oklahoma
In Oklahoma, car accident settlements are calculated by assessing the damages the injured party suffered. This assessment typically includes both economic and non-economic damages. Understanding how these factors come together to form the basis of a settlement can help you have a clearer expectation of what your claim might be worth.
Economic Damages
Economic damages are the tangible costs resulting from the accident. They include but may not be limited to:
- Medical Bills: Medical expenses include hospital stays, surgeries, medication, physical therapy, and any future medical costs related to the accident.
- Loss of Income: Lost wages account for the earnings you lost because of the accident, including any future earning capacity reduction.
- Property Damage: This covers the cost of repairing or replacing your vehicle or any other property damaged in the accident.
Non-Economic Damages
Non-economic damages refer to intangible losses suffered due to an accident. This can include pain and suffering, emotional distress, mental anguish, loss of consortium, and loss of enjoyment of life.
Calculating these damages can be more challenging because they don’t have a direct monetary value. Various methods can be used, such as the “multiplier method,” where the amount of economic losses is multiplied by a certain number (usually between 1.5 and 5) based on the extent of the injuries, or the ‘per diem’ method, which accounts for the daily losses you will suffer before you recover.
Factors Influencing the Value of Car Accident Settlements
Various factors can influence the value of a car accident settlement, each contributing to your overall compensation. These factors may include the severity of injuries sustained, the impact on the victim’s quality of life, and the quality of the evidence supporting the claim. Since these elements are unique to each case, there is no average car accident settlement, although a qualified attorney can give you a reasonable idea of what you may expect.
Severity of Accident Injuries
The severity of injuries suffered is one of the most significant factors influencing the value of a settlement. Minor injuries may be worth a few thousand while compensation for severe injuries can amount to hundreds of thousands of dollars.
This is because catastrophic or permanent injuries typically result in higher medical bills and longer recovery periods. Some of them may even lead to long-term or permanent disabilities. For instance, traumatic brain injuries or spinal cord injuries can cause chronic pain and lifelong health complications, influencing not only medical bills but also your earning capacity.
Impact on the Victim’s Quality of Life
The impact on your quality of life also plays a significant role in determining the settlement amount. If the accident leaves you unable to enjoy hobbies, perform daily activities, or engage in social interactions as you once did, this can lead to higher compensation. These damages, often referred to as ‘loss of enjoyment of life,’ are among the non-economic losses in a claim.
Evidence and Documentation Supporting the Claim
The quality and amount of evidence available to support the claim can greatly influence the settlement value. Solid evidence is needed to prove fault, validate the extent of all accident injuries, and justify the claimed damages. This evidence may include police reports, medical treatment records, photos or videos of the accident scene, eyewitness testimony, and more. Thoroughly documented and well-presented evidence can strengthen your case, increasing the likelihood of a higher settlement.
Importance of Hiring a Personal Injury Attorney
An experienced car accident attorney can play a critical role in your case by advocating for your interests and working to ensure you receive the compensation you need. They can thoroughly investigate the accident, gather medical records and other necessary evidence, and effectively articulate the full extent of your damages to the insurance company or in court. If negotiations with the insurance company are unsuccessful, your accident attorney can guide you through the next steps, including mediation or trial, representing your best interests at every stage.
Hiring a lawyer increases the likelihood of securing a fair settlement that covers your damages and helps you move forward. At Carr & Carr, our experienced attorneys are committed to providing dedicated, personalized service to every client. Reach out to us today to see how we can help you navigate your car accident claim.
FAQS
What If I Was Partly Responsible for the Car Accident?
In Oklahoma, the concept of comparative negligence plays a significant role in car accident settlements. This law dictates that you can recover damages even if you are partially at fault for the accident, as long as you are less than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, any settlement or court-awarded damages would be reduced by 20%.
For this reason, insurance companies often try to assign as much blame to the accident victim as possible. That way, they reduce how much they have to pay you or may even avoid that responsibility altogether. An Oklahoma car accident lawyer can deal with insurance adjusters on your behalf so they have as little chance as possible to incriminate you.
How Much Does an Oklahoma Car Accident Lawyer Cost?
Most personal injury attorneys operate on a contingency fee basis. This means that the lawyer’s fees are contingent (dependent) on winning your case. If they don’t win, you don’t pay.
A contingency fee arrangement helps people who might not otherwise be able to afford legal representation. This system also ensures that your attorney is motivated to secure the maximum possible compensation, as their payment is directly tied to the outcome of the case.
At Carr & Carr, we provide a transparent fee structure. If you have any questions about the fees at our law firm, don’t hesitate to contact us for a free consultation.
Get a Free Consultation From an Oklahoma Car Accident Lawyer
Car accidents can inflict physical pain, emotional distress, and a financial burden. Trying to seek a fair settlement can add to this stress. However, remember that you don’t have to go through this process alone.
Hiring an Oklahoma car accident lawyer can make a significant difference in the outcome of your personal injury claim. From calculating a fair settlement amount to negotiating with insurance companies, a competent attorney can guide you every step of the way.
The team at Carr & Carr has years of experience handling car accident cases in Oklahoma and is ready to fight for your rights. If you’ve been injured and need assistance with your claim for damages, don’t hesitate to contact us for a free initial consultation. We’re here to help you navigate this challenging time and move toward a better future.
Related: Oklahoma Car Accident Lawsuits
