You’ve decided to pursue compensation from the at-fault driver in your car accident, but you have one concerning thought in mind: “What if I lose?” With the right preparation — and a dedicated personal injury attorney on your side — you can understand how to win a car accident case and start moving on with your life.
Take these steps to improve your chances of securing adequate compensation through your Oklahoma accident case.
Understand Oklahoma’s Comparative Negligence Laws and How They Affect Your Case
Oklahoma follows a “comparative negligence” policy for personal injury claims. When more than one party is partially responsible for an accident, each party’s compensation is reduced by their percentage of responsibility. If any party is more than 49% liable, they cannot collect compensation.
For example, imagine the insurance company finds you 20% responsible for your car accident and the other party 80% responsible. You could only seek 80% of your damages through a lawsuit.
Because of this policy, proving you played no role in the accident is paramount. If the insurance company assigns you even a few percentage points in its liability determination, you lose your opportunity to seek maximum compensation.
Gather Powerful Evidence To Bolster Your Claim
Evidence is the linchpin of how to win a car accident case. Gathering compelling, powerful evidence will prove to the insurance company or judge why you need compensation from the at-fault party.
Work on collecting the following persuasive forms of evidence to strengthen your case:
- Police reports: These documents detail the facts of your accident case, according to the officer who arrived at the scene. They can clearly point to the defendant as the liable party in your accident.
- Eyewitness statements: Did any other drivers or pedestrians witness the crash? Reach out to them to see whether they would be willing to provide witness testimony. If a witness’s story matches your story and the police report, such testimony could bolster your claim.
- Photo and video evidence: Reach out to businesses near the accident scene to see whether any caught the crash on their security cameras. If your damaged vehicle is still in your possession, take photos of the damage. The police report should also include photos of the accident scene.
- Expert testimony: If the defendant has questioned the legitimacy of your injuries or another key detail in your case, expert testimony can support your claim. This testimony comes from an experienced professional, such as a doctor.
- Medical records: Your medical documents can show the injuries you sustained in the accident and their severity. Past medical records can demonstrate that your injuries were not pre-existing.
Hire a Passionate and Knowledgeable Attorney To Guide You
One vital step in how to win a car accident case is hiring an exceptional attorney to represent you. Experienced personal injury attorneys know how to gather strong evidence to support your claim. They can communicate with the insurance company and the at-fault party on your behalf, ensuring that any communications only help your case.
Your attorney can also guide you through a settlement negotiation to seek a higher payout from the insurer without enduring a lengthy court battle. They can take over responsibility for your claim while you focus on your recovery.
Bryan Garrett PLLC: Your Dedicated Car Accident Attorney in Oklahoma
At Bryan Garrett PLLC, we understand the immense implications of your car accident case. We work tirelessly on behalf of our clients to seek maximum compensation, taking a hands-on approach backed by over 15 years of legal experience. Learn how to win a car accident case with our attorneys on your side. Contact us today at 405-725-2661 to schedule a consultation.