SKIP TO CONTENTThe idea of filing a car accident lawsuit in Oklahoma may feel immensely intimidating. In reality, the process doesn’t need to be scary. Your attorney will guide you through every step; in most cases, you won’t even need to go to trial.
Here is what you can expect during a car accident lawsuit.
Filing a Lawsuit
Your first step will be to file a petition with the clerk of the court in your district. Be sure to file this petition within Oklahoma’s statute of limitations of two years from the accident date.
The petition describes the accident and the damages you are seeking. It may include factors such as:
- The parties involved in your accident
- The time, date, and location of the accident
- Your injuries
- What the defendant did wrong
The clerk of the court will issue a summons ordering the defendant to appear in court. You’ll need to pay a filing fee and arrange to have the summons served to the defendant. Your attorney can assist you with all of these clerical steps.
Investigation Phase
After filing the car accident lawsuit in Oklahoma, your attorney and the defendant’s attorney will proceed with a period known as the investigation phase. This is a time for both sides to prepare their cases by compiling evidence, investigating the accident, and anticipating how the opposing side will respond to their claims.
Your attorney will gather as much evidence to support your claim as possible, including:
- Videos and photos of the accident
- Witness testimonies
- Medical documentation
- Photos of the damage and damage reports
- Police reports
- Testimony from accident reconstructionists
They will also calculate your damages to determine how much compensation to seek through the claim.
Negotiations and Settlement
The majority of car accident lawsuits in Oklahoma never make it to trial. Instead, they settle out of court, as both parties reach an agreement without the intervention of a judge or jury.
Your attorney will communicate with the defendant’s lawyer to attempt to negotiate a payout. They will present all the evidence they collected during the investigation phase and show why and how much the defendant owes you.
Settlements often require several meetings before both sides reach an agreement. Your attorney will ensure that you do not settle for a compensation award that does not adequately cover your expenses. However, accepting a settlement may take less money than you could have secured through a lawsuit.
Trial (If Applicable)
If you and the defendant cannot reach an agreement out of court, the case will proceed to trial. Your attorney will present your case before a judge or both a judge and jury. The defendant’s attorney will then have the opportunity to present their evidence.
Many people feel intimidated by lawsuits because they picture themselves having to give testimony or argue in front of a jury. In reality, you won’t need to do much during your trial. Your attorney will handle communications for you, and you won’t need to testify unless you and your lawyer agree that it makes sense to do so.
At the end of the trial, the judge or jury will determine whether to find the defendant negligent and, if so, how much to award you.
Allow Bryan Garrett, PLLC, To Guide You Through Your Car Accident Lawsuit in Oklahoma
With the right legal assistance on your side, a car accident lawsuit in Oklahoma won’t be stressful — and it will increase your chances of securing adequate compensation. Bryan Garrett, PLLC, can provide qualified legal help and representation throughout your case. Contact us today at (405) 972-6960 to schedule your free initial consultation.
