Personal injury is the broad term applied to legal cases that seek to compensate injury victims who were hurt by the careless or deliberately harmful actions of another.
In Oklahoma, as in other states, the law holds everyone to a standard of care, which is defined by what a reasonable person would do in similar circumstances. When an individual deviates from this standard and causes injury, the victim may seek money for medical expenses and other damages.
The Oklahoma lawyers at Carr & Carr Attorneys at Law have an extensive record of success in personal injury cases. If you or a loved one was injured due to another’s negligence, please call us today at 866-510-0580 to arrange your free consultation and learn how we can help pursue the compensation you need to move forward.
Types of Personal Injury Cases
Personal injury claims most often stem from traffic collisions, including:
However, personal injury cases may also relate to:
- Defective consumer products
- Defective medications or medical devices
- Medical malpractice
- Nursing home negligence or abuse
- Slip-and-fall or premises liability accidents
- Child Injuries
When a person is killed due to the negligent or intentionally harmful act of another, the victim’s surviving family members may be able to seek compensation through a wrongful death case.
Compensation in Oklahoma Personal Injury Cases
Damages in Oklahoma personal injury claims may include money for both economic and noneconomic losses. Economic damages include quantifiable costs such as:
- Medical expenses
- Lost income
- Property loss
Noneconomic damages cover more subjective factors such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
Economic damages, such as medical costs or lost earnings, have no limit in Oklahoma.
Modified Comparative Fault Laws in Oklahoma
Oklahoma follows modified comparative fault laws, which can limit a victim’s ability to collect compensation if he or she is found more than 50 percent at fault for the incident that caused the injury. If a victim is found to be more than 50 percent responsible, he or she is barred from collecting any compensation.
Comparative fault is used in cases in which multiple parties are involved in an accident or injury, and compensation is reduced based on the percentage of fault attributed to the victim. For example, if car accident damages equal $10,000 but the plaintiff (victim) is found to be 20 percent at fault for the accident, he or she will only be able to collect up to $8,000 in compensation.
Fault is sometimes subjective, which is why it’s important for victims to consult with a personal injury lawyer about the incident that led to their injuries and the potential value of their claim. Insurance adjusters’ fault assessments may not be accurate, and initial insurance company settlement offers are often inadequate for victims’ long-term needs.
Why Do I Need A Personal Injury Attorney?
If you have been injured as a result of someone else’s actions, you need to consider hiring an attorney. While not every instance of injury will lead to a lawsuit, an experienced personal injury attorney can evaluate your situation, discuss your options, and help you decide the best path.
Examples Of When To Hire A Personal Injury Lawyer
If you have been hurt:
- In a car, truck, boat or motorcycle wreck — even injuries that don’t seem at first to be major can turn into a bigger medical problem than you originally expected.
- In a complex accident — a wreck involving an airplane, helicopter, bus, semi-truck, multiple vehicles, dump truck or other commercial vehicle can be more extensive due simply to the size of the machines involved
- At a public place such as a shopping mall — for example, a broken escalator can cause serious foot damage.
- During a medical procedure — such as if the surgeon removed the wrong organ or left instruments inside your body after surgery.
- In an assisted living facility — unfortunately, neglect and abuse happen to elderly people and those with diminished mental capabilities; people who are unable to protect themselves rely on friends and family to monitor their care.
- Due to a defective product — as a consumer, you have a right to purchase products that are not harmful to you or your family.
- Because of a vicious dog bite — the dog’s owner is supposed to keep the animal’s behavior under control, but other people, such as landlords, may also shoulder some responsibility; if you have been attacked by a pit bull, Rottweiler, German Sheppard, Doberman pinscher, Akita, wolf-dog hybrid or another animal, you need to talk to a dog bite attorney to see what your rights are.
- By the failure of an insurance company to meet its contractual requirements — known as “bad faith,” refers to when an insurance company does not honor its policy.
- Because your child has been abused in a daycare setting — this can be a school-sponsored after-class program, a church-sponsored Mothers’ Day out-group, a scouting or community service-oriented.
- Due to defective medical devices — heart pacemakers and defibrillators, hip and knee joint replacement devices, coronary stents, and other medical devices can improve your quality of life if the device is manufactured and installed properly.
Do I Have To Hire Carr and Carr if I Meet With You?
Absolutely not. Most personal injury lawyers do not charge for their initial meeting with you and Carr & Carr Attorneys is no different.
What If I Have Already Started Talking With An Insurance Company?
Insurance companies are in the business of making money, and one way they do that is by not paying every claim at the maximum amount, of course. A personal injury attorney working for you can help obtain a favorable settlement and very likely it will be much greater than what you would be able to receive on your own.
After all, a personal injury lawyer’s job is to work for their clients’ best interest. If you are injured, your job should be to get better, not to hassle with insurance companies and paperwork.
How Much Does A Personal Injury Lawyer Cost?
Carr & Carr works on a “contingency fee” basis. This means that if the attorney wins the case – whether it is settled or goes to trial – we earn a percentage of the money as our fee. On the other hand, if we are unsuccessful for whatever reason, you pay us nothing.
Aggressive Advocates for Oklahoma Injury Victims
Injury victims and their families are sometimes reluctant to seek help from a lawyer because they believe they can’t afford the associated legal expenses.
At Carr & Carr, our personal injury attorneys work on a contingent-fee basis. This means we don’t get paid until we successfully resolve your case. We also provide free consultations to help you understand your legal options before making a decision about whether to hire a lawyer.
If you were hurt or a loved one died due to another’s negligence, please call 866-510-0580 or contact us online to share your story. Carr & Carr Attorneys at Law is proud to represent injury victims and their families from Oklahoma and northwest Arkansas via offices in Tulsa and Oklahoma City, OK, and Springdale, AR.