Tulsa Personal Injury Lawyer FAQs
What qualifies as a personal injury case?
A personal injury case arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Common types of personal injury cases include car accidents, slip and falls, medical malpractice, and workplace injuries.
How long do I have to file a personal injury lawsuit?
The time limit to file a personal injury lawsuit, known as the statute of limitations, varies by state. In Oklahoma, you generally have two years from the date of the accident to file a lawsuit against those responsible for your injuries.
Can I still receive compensation if I'm partially at fault for the accident?
Yes, Oklahoma follows a modified comparative negligence rule. This means you can still receive compensation if you’re partially at fault, as long as your percentage of fault is less than 51%. However, your compensation will be reduced by your percentage of fault.
What damages can I recover in a personal injury case?
In a personal injury case, you may be entitled to recover economic damages (such as medical expenses and lost wages), non-economic damages (such as pain and suffering), and, in some cases, punitive damages intended to punish the defendant for particularly reckless behavior.
How is fault determined in a personal injury case?
Fault in a personal injury case is determined by establishing negligence. This involves proving that the defendant owed a duty of care to the plaintiff, breached that duty, and directly caused the plaintiff’s injuries as a result.
Do I need a lawyer for a personal injury claim?
While you’re not required to have a lawyer, personal injury claims can be complex, and having experienced legal representation can significantly increase your chances of receiving a fair settlement. A lawyer can help navigate the legal system, negotiate with insurance companies, and represent you in court if necessary.
How long does a personal injury lawsuit take?
The duration of a personal injury lawsuit can vary widely depending on the complexity of the case, the amount of damages being claimed, and the willingness of the parties to reach a settlement. Some cases may be resolved in a few months, while others could take several years to reach a conclusion.
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