Which Factors Typically Affect the Settlement Amount in an Oklahoma Car Accident Case?

If you’re reading these words, you were probably lucky enough to survive a devastating car accident but not without sustaining serious injuries. Launching an Oklahoma car accident case could help you recover fair damages for your pain and suffering, as well as destruction to your car or other property. Exactly how much can you expect an insurance payout to be?

This guide dives into the common factors that influence a car accident settlement. Use the information below for a better idea of how much you might be able to receive. 

Economic and Non-Economic Damages Make Up the Bulk of a Settlement

Whether you go through the insurance claim process without an attorney or enlist legal representation, insurers will want to know about the extent of your injuries and collision damage. Auto insurance providers must account for accident-related economic damages, such as:

  • Medical bills
  • Lost wages
  • Vehicle repairs or replacement

They’ll also calculate pain and suffering damages for your emotional distress. In some cases, you may also receive punitive damages. This supplemental payment often serves as a way to punish at-fault drivers for egregious conduct that caused your injury, such as drunk driving. 

Comparative Negligence Rules Impact the Payout You’ll Receive

Every Oklahoma car accident case is subject to comparative negligence rules, meaning that victims can receive a settlement even if they’re partially at fault. However, the amount they receive depends on a legal liability assessment. 

Say another motorist collides with you after they run a red light. At the time of the crash, you were talking on the phone, so the other driver tried to lay all of the blame on you for being distracted. Is one of you more to blame, or could you share responsibility for the accident?

Insurance companies review an abundance of evidence to establish fault. Drivers could each be 50% liable, or the fault distribution could be more one-sided. As long as you remain less than 50% at fault, you’re entitled to receive compensation. 

Bear in mind that being partially liable impacts the total amount you’ll receive in damages. For example, imagine your medical expense compensation along with emotional distress damages amounts to $100,000. If you’re found to be 20% at fault for the accident, you’ll miss out on 20% of the payment and only receive $80,000.

The Aftermath of a Car Accident Brings Unexpected Costs

Amid your Oklahoma car accident case, make sure you keep a paper trail of all your related out-of-pocket expenses. Your lawyer can negotiate with insurance providers to reimburse you for any financial burdens outside medical care or vehicle repairs. 

For example, say you have to rent a car for a few weeks while mechanics work on fixing yours. Rather than eating this expense, you can argue for compensation.

Other costs that victims have to pay for themselves include installing a staircase chair lift or hiring a home aid because their injuries prevent them from completing household tasks.

Proper Documentation Could Strengthen Your Case and Increase Your Settlement

Attorneys approach Oklahoma car accident cases with the intent of maximizing the client’s settlement. One simple way to do so involves effective documentation. Without concrete evidence, insurance companies will provide lowball offers. 

An experienced lawyer will gather police reports and witness statements for better insight into the accident. Seek medical treatment for your injuries and use those bills to build your case. 

Seek Financial Compensation With the Help of Bryan Garrett PLLC

Don’t open an Oklahoma car accident case without a competent lawyer by your side. Contact Bryan Garrett PLLC if you need a personal injury lawyer with years of experience and a proven track record. Call (405) 369-7723 for your free legal consultation. 

Frequently Asked Questions (FAQ) About Oklahoma Car Accident Cases:

How does comparative negligence affect an Oklahoma car accident settlement?

In Oklahoma, even if you’re partially at fault (less than 50%), you can receive a settlement. However, your compensation will be reduced by your percentage of fault.

What types of damages can be claimed in an Oklahoma car accident case?

You can claim economic damages like medical bills and lost wages, non-economic damages for pain and suffering, and sometimes punitive damages for egregious conduct.

Why is documentation important in an Oklahoma car accident case?

Proper documentation, such as police reports and medical bills, strengthens your case and helps maximize your settlement by providing concrete evidence to insurance companies.

Bryan Garrett PLLC

Bryan Garrett has been dedicated to personal injury law for over 15 years in Oklahoma City. He has achieved excellent results for countless clients, whether through settlement or litigation.

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