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Many clients walk into an attorney’s office for their initial consultation and ask how much they can get for their claim. The answer they don’t usually want to hear is that it depends on several factors. It is always advisable to contact an experienced car accident attorney in Oklahoma to fight for fair compensation for your injuries after a car accident.
Do Insurance Companies Have an Obligation To Pay Accident Victims?
Insurance companies have no obligation to pay for your injuries or medical bills after an accident. This is especially true in an at-fault state like Oklahoma, where you must file your claim with the at-fault driver’s insurance company.
Even in no-fault states where you file your claim through your personal injury protection policy, insurance companies don’t have to pay claims just because you’re injured. Insurance companies often try to deny or devalue legitimate injury claims by accident victims.
If you’re only seeking to recover economic damages like medical bills, lost wages from time off of work, and prescription medication expenses, you might be able to reach an appropriate settlement with the insurance company. However, you may still wish to hire a car accident attorney in Oklahoma to represent your interests with the insurance company.
If you want to pursue non-economic damages for your pain and suffering, mental anguish, or loss of quality of life, you must file a lawsuit against the at-fault driver. Whether you pursue an accident claim with insurance or file a lawsuit, you must prove the other driver’s negligence.
Proving Negligence in a Car Accident Claim
There are four elements of negligence you must prove to reach a settlement or win your case in court:
- Proving the at-fault driver owed you a duty of care
- Demonstrating that the other driver breached their duty
- Proving that you suffered injuries or losses as a result of the accident
- Demonstrating causation between the other driver’s actions and your losses
Knowledgeable accident lawyers can gather evidence, including locating witnesses, finding dash cam or security footage of the accident, and getting expert opinions from medical professionals about your medical history and current injuries.
The insurance company might try to argue that injuries from your accident were pre-existing or occurred in another event outside of the accident. The insurance company’s attorneys may also try to claim another party was partly or entirely at fault for the accident. Your attorney will consider possible arguments the other driver’s representatives could make and build a case to refute them.
Elements To Consider When Calculating Fair Compensation
There are several factors to consider that can affect the value of your claim, including the following:
- How the wreck happened
- The extent of your injuries and property damage
- How involved treatment is for your injuries
- Whether your injuries are temporary or permanent
- If you’re pursuing non-economic damages
- Future expenses for surgeries, rehabilitation, diminished earning capacity, etc.
Skilled accident attorneys know how to calculate these expenses and estimate things with intrinsic value, such as loss of enjoyment of life or mental anguish. You should pursue the full value of your claim, especially since Oklahoma is a 50% comparative negligence state. This means that if you’re partly at fault for your injuries (under 50%), the court will reduce your award by that percentage.
Contact an Experienced Car Accident Attorney in Oklahoma
For help with your accident claim, contact a car accident attorney in Oklahoma with Bryan Garrett, PLLC. Call us today at 405-591-3508 or contact us online to schedule a free consultation at our offices in Oklahoma City or Tulsa, OK.
