Oklahoma Car Accident Settlement Guide

Did you know Oklahoma has the 12th highest rate of fatal car accidents in the US? With thousands of people killed or injured in traffic collisions every year, it is no surprise that many victims of car accidents in Oklahoma City are seeking to recover compensation for their injuries. Unfortunately, getting full and fair compensation in an Oklahoma car accident settlement process is often much more complex than it should be.

This article will provide vital information to help you secure a fair settlement as a car accident victim in Oklahoma.

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What Can I Claim in an Oklahoma Car Accident Settlement?

Determining eligible damages is the first step in understanding how to receive fair compensation for a car accident settlement. Below is more information about the different damages in a personal injury lawsuit.

Special Compensatory Damages

• Loss of wages: If you are injured and unable to work, you may claim lost earnings in the past and present
• Loss of future wages: If your injury is more serious, you may be out of work for weeks or months. You can recover your lost hours.
• Medical bills: You may incur thousands of dollars in medical expenses.
• Cost of future medical care: If your injuries are severe, you could have months of medical expenses and treatments ahead.
• Household expenses: With severe injuries, you may need help with the activities of daily living, such as dressing, eating, and bathing.
• Costs related to canceled trips or changed plans: You can receive compensation for canceled trips or plans.

General Compensatory Damages

General compensatory damages pay you for non-monetary damages you incur in a personal injury claim.

• Pain and suffering
• Mental anguish: This type of compensation is for your mental pain from your current physical condition and inability to live normally.
• Loss of consortium or companionship: Some injured people can no longer have an intimate relationship with their partner because of their injuries and physical or mental limitations from the accident.

Punitive Damages

You only receive punitive damages in a car accident lawsuit if the wrongful behavior of the other party was incredibly reckless. In a typical situation, the judge may award punitive damage to the victim to punish the defendant because he was drunk. 

Wrongful Death Damages

A wrongful death car accident settlement provides compensation for the surviving family of the deceased. The most common damages in a wrongful death claim are:

• Funeral and burial costs
• The emotional distress of the surviving family
• Loss of financial support
• Loss of support and services
• Loss of consortium and companionship.

How Do Car Accident Settlements Work in Oklahoma?

After a car accident, you must file a claim with the at-fault driver’s insurance company. The insurance company will then investigate the accident and determine the extent of your injuries. Once the insurance company completes its investigation, it will offer you a settlement amount.

If you’re happy with the settlement offer, you can accept it, and the case will be closed. However, you can make a counteroffer if you’re unhappy with the settlement offer. The insurance company may then accept your counteroffer or present a new proposal. This back-and-forth can continue until you agree with the insurance company or file a personal injury claim.

If you decide to go to court, a judge will determine how much compensation you should receive. The judge will consider several factors of your case before deciding.

It’s important to remember that the car accident settlement process can be complex and time-consuming. That’s why having an experienced personal injury lawyer represent you is a good idea. An attorney can guide you through the process and protect your rights if you go to court.

Some tips for navigating the car accident settlement process in Oklahoma:

• Get medical attention immediately after the accident; this will help to document your injuries and establish a timeline for your recovery.
• Keep a detailed record of your expenses-this includes medical bills, lost wages, and other out-of-pocket expenses.
• Get copies of all relevant documents, including the police report, the insurance company’s investigation report, and medical records.
• Be prepared to negotiate. The insurance company will probably try to lowball you on your settlement offer. Do not be pressured to accept just any offer. 
• Get legal help. Suppose you cannot handle the settlement process alone. In that case, an experienced personal injury lawyer can help you get the compensation you deserve.

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How Much Can I Receive in a Car Accident Claim in Oklahoma?

Once you have a list of all applicable damages, the next step is calculating an appropriate settlement amount. This amount will depend on factors like the severity of your injury and other costs associated with the accident. It isn’t easy to estimate a precise amount without professional legal guidance. Still, looking at similar cases in Oklahoma City and understanding what settlements may look like for comparable injuries is helpful.

• A driver was rear-ended at a low speed in Oklahoma City. The driver sustained whiplash and other minor injuries. He was awarded $10,000 in settlement.
• A passenger was involved in a fender bender in Tulsa. The passenger sustained minor bruises and cuts. Her payout was $5,000. 
• Another car sideswiped another driver’s car in Norman; the driver’s car sustained minor damage. The case settled for $2,000.
• A pedestrian was injured after being struck by a car in Lawton. She broke a leg and suffered a herniated lumbar disc. The case settled for $75,000.
• A woman was driving when another driver struck her head-on. She sustained a brain injury and was paralyzed from the waist down. The case settled for $1 million.

While it is difficult to state the exact amount you can receive in an Oklahoma settlement, recent studies have shown that the average settlement for a moderate injury claim in Oklahoma is $39,000. Average payouts range from $6,000 for minor injuries to $900,000 for severe injuries.

Oklahoma Auto Accident Laws

Fault System

In Oklahoma, the driver who is at fault for an accident is the one who will pay for the other driver’s damages. ‘Fault’ is usually determined by who was negligent in causing the accident.

Negligence System

In Oklahoma, a modified comparative negligence system determines liability in auto accidents. As a car accident victim, you can still claim damages even if you’re partly at fault. The total damages you can receive will be reduced based on the extent of your fault.

Insurance Requirements

All drivers in Oklahoma are required to carry liability insurance. The minimum liability insurance requirements in Oklahoma are:

• Bodily injury liability: $25,000 per person/ $50,000 per accident.
• Property damage liability: $25,000 per accident. 

In addition, you may purchase underinsured/uninsured motorist coverage in Oklahoma. It is not mandatory but is highly recommended for better protection in the event of an accident.

Statute of Limitations 

In Oklahoma, you have two years to sue the person at-fault for your accident. If you do not do this within this time, the court may bar you from recovering any damages.

How Can You Find a Good Car Accident Attorney in Oklahoma?

Here are some tips on how to find a good car accident attorney in Oklahoma:

1. Ask for referrals from friends, family, or colleagues. This is a great way to get started in your search, as you can trust the recommendations of people you know and trust.
2. Search online for personal injury attorneys in Oklahoma. Many websites list personal injury attorneys, and you can use these websites to find attorneys who specialize in car accidents.
3. Contact the Oklahoma Bar Association. The Oklahoma Bar Association has a list of attorneys who are association members. You can use this list to find attorneys who practice personal injury law.
4. Schedule consultations with several attorneys. Don’t settle for the first attorney you consult. Talk to some others before deciding. 
5. Ask about the attorney’s experience with car accident cases. How many car accident cases have they handled? What are their success rates?
6. Ask about the attorney’s fees. How much do they charge for their services? Do they charge a contingency fee?
7. Trust your gut. When you’re meeting with attorneys, pay attention to your gut feeling. Do you feel comfortable with them? Do you feel like they understand your case?

Oklahoma Car Accident Settlement Statistics: 

• The average car accident settlement in Oklahoma is $38,088.
• The median car accident settlement in Oklahoma is $25,000.
• The highest car accident settlement in Oklahoma was $10 million.
• The most common types of injuries in Oklahoma car accidents are:
  • Neck and back injuries
  • Head injuries
  • Whiplash
  • Soft tissue injuries
  • Broken bones

• The most common types of damages in Oklahoma car accident settlements are:
  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Emotional distress

• The most common factors that affect the amount of an Oklahoma car accident settlement are:
  • The severity of the injuries
  • The type of losses
  • The fault of the other driver
  • The insurance limits of the at-fault driver
  • The legal representation of the injured party

More Oklahoma Car Accident Settlement Statistics:

• Oklahoma recorded 726 traffic deaths in 2017.
• In the US, Oklahoma had the sixth-highest number of alcohol-related driving fatalities in 2017, with 127 deaths due to alcohol-related crashes.
• Unlike most states, Oklahoma does not require drivers to carry uninsured motorist coverage.
• Oklahoma is one of 12 states that implements the “no pay, no play” policy that prevents uninsured drivers who cause accidents from receiving non-economic damages.
• In Oklahoma, the average settlement amount for a car accident is $12,500.
• Oklahoma experienced 37,150 motor vehicle crashes in 2017.
• In 2017, there were 987 motor vehicle fatalities in Oklahoma.
• There were 9,820 injuries resulting from motor vehicle accidents in Oklahoma in 2017.
• Seat belt usage in Oklahoma was estimated at 86.2% in 2018.
• Speeding played a role in 20.8% of fatal crashes in Oklahoma in 2017.
• Distracted driving contributed to 8.2% of fatal crashes in Oklahoma in 2017.
• In 2017, 8.5% of all injury crashes in Oklahoma were caused by distracted driving.
• Fatigue was a factor in 7.2% of all injury crashes in Oklahoma in 2017.
• 463 passenger car occupants lost their lives in Oklahoma in 2017.
• In 2017, 111 people were killed in motorcycle crashes in Oklahoma.
• Semi truck accidents resulted in 67 fatalities in Oklahoma in 2017.
• There were 6,629 hit-and-run crashes in Oklahoma in 2017.
• Oklahoma requires drivers to carry at least $25,000 in bodily injury liability coverage per person and $50,000 per accident.

What Resources Are Available To Help Me After a Car Accident in Oklahoma?

Here are some resources available for a car accident victim in Oklahoma:

• The Oklahoma Bar Association offers a free legal advice hotline that provides basic information about your legal rights after a car accident. You can also find a list of qualified attorneys in Oklahoma on the OBA’s website.
• The National Highway Traffic Safety Administration (NHTSA) offers a variety of resources for car accident victims, including information on how to file a claim with the at-fault driver’s insurance company, etc.
• The Insurance Information Institute (III) provides information about car insurance, including how to file a claim, what to expect from the insurance company, and your rights as a policyholder.
• The Oklahoma Department of Transportation (ODOT) offers information on how to stay safe on the road and other resources for car accident victims. 

Besides these resources, several non-profit organizations can help car accident victims. These organizations can offer financial help, emotional support, and legal advocacy. 

While healing from your injuries, it is important not to despair. Remember, you can always fight for the compensation you rightfully deserve. 

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