FAQ: Personal Injury

From an Expert's perspective.
I recently completed a criminal trial in which I served as an expert consultant and witness, and Mr. Cannon was the lead attorney for the defense. I was impressed with his strategy and behavior both in and outside of the courtroom. He is thoughtful, well versed in the law, and commands a presence in court. He is clearly committed to providing the best possible service to his clients.

EXPERIENCED PERSONAL INJURY ATTORNEYS SERVING EDMOND AND OKLAHOMA CITY

The CANNON & ASSOCIATES works with individuals injured in a wide range of accidents across Oklahoma. You need experienced and effective legal representation to Fight for Your Rights, if you have been injured in Oklahoma. Contact Cannon & Associates to protect your rights and fight for compensation in your car accident case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation.

CHOOSING THE FIRM PERSONAL INJURY FIRM

How do I determine the right Law Firm for Me?
Cannon & Associates is dedicated to Fierce Advocacy for every client and family we have the pleasure to represent. You are invited to schedule a Free Confidential Case Evaluation with our team to learn more about your options and see, if Cannon & Associates is the right Firm for you. You can complete the Contact Form on this page, or call at 1(405) 657-2323 for a Free Confidential Case Evaluation
Who will handle my case?
The Fierce Advocates at Cannon & Associates will handle your case! Specifically, your case will be handled by an experienced litigator who will guide you through the entire legal process in your personal injury claim and/or personal injury lawsuit. You are always welcome to reach out for an update; however, we promise to keep you informed throughout your personal injury case.
What size cases do you handle?
Every personal injury claim is unique; however, our approach to each claim is the same; Fierce Advocacy for every client. We handle cases of all types and complexity. We strive to ensure every client is treated with the utmost care and receives the compensation they need, want, and deserve.
How much will it cost to hire your firm?
Cannon & Associates handles all personal injury matters on a strict contingency fee. You will not be charged a fee, unless we recover damages for you. Our contingency fees are competitive and fair to every client.

PERSONAL INJURY CONSULTATION

What Should I do after a personal injury accident?

Immediately following a personal injury accident, you should follow these steps for your safety, the safety of others, and protect your personal injury claim:

  1. Call Police and obtain an accident report;
  2. Take Photographs of your injuries, your vehicle, other vehicles, and the accident scene;
  3. Collect Information: names, addresses, phone number, driver’s license number and insurance information for all parties involved in the accident. 
  4. Seek Medical Attention 
  5. If you have seen a medical provider – follow your care plan and attend all follow-up appointments;
  6. Journal – write down everything you can remember from immediately before, during, and after your accident. No detail is too much! You should write down everything, while it is fresh in your mind;
  7. Identify Witnesses – write down the names and contact information for everyone at the scene of your accident
  8. Contact and hire an experienced Oklahoma Personal Injury Attorney

 

I filed a police report and I am in pain, what should I do?
The first step, if you are in pain is to seek medical attention immediately. You should go to the hospital, your Primary Care Physician, or go to Urgent Care today. A medical professional can evaluate your injuries and begin treatment for your injuries or direct you to the correct treatment provider. In addition to your health benefiting from proper medical care, documenting your injuries helps to protect your claim that your injuries were caused by your accident or the incident that caused your injury.  
What should I bring to my initial consultation?
It is important our team has as complete an understanding of your accident and personal injury claim as possible, in order to accurately advise you about your claim. In a car accident case, for example, please bring the following to your initial consultation: police report, photographs of your vehicle, photographs of the scene or other vehicles, photographs of your injuries, your insurance policy, any letters or correspondence from any insurance company, vehicle repair estimates, receipts or information for your out of pocket expenses, medical bills, and information concerning lost wages. 

LITIGATING A PERSONAL INJURY CLAIM

How long do I have to file a personal injury lawsuit?
Statutes of limitations dictate how long a civil or criminal case can be brought for a prior act. This limited time frame applies to personal injury victims as well. In Oklahoma, the time frame is typically two (2) years from the date of injury; however, some exceptions exist to this general rule. You should call a personal injury attorney as soon as practical after being injured to investigate your case and identify all potential responsible parties in time to seek a settlement and if necessary file a lawsuit before the statute of limitations expires. 
How long does a Personal Injury Settlement Take?
Some settlements can be reached in a matter of weeks; without any litigation. In many cases, our team is able to work directly with the other party or the insurance company to reach an expedited settlement for your injuries. 
How long will my personal injury case last?
Unfortunately, there is not one answer to this question. The intensity and duration of each case plays on a number of factors: the amount of treatment required to recover from your injuries, the number of parties involved, the complexity of liability, at-fault determinations, and whether a lawsuit will be necessary. The Fierce Advocates at Cannon & Associates strive to aggressively investigate and prosecute each client’s claim to ensure maximum compensation. Sometimes, obtaining a fair settlement or judgment in a personal injury case can take well over a year. Our team will be with you the entire way and explain each step of your personal injury case to you.
What happens, if I’m hit by a driver from another state?
Most car accident claims are handled and settled by your attorney working with the other driver’s insurance company. This is true even, if the other driver is from outside Oklahoma. Oklahoma allows you to bring a non-resident motorist accident case against at-fault drivers from another state. A lawsuit filed against a driver outside Oklahoma can be filed in the county where the accident occurred or where you live. 
What should I expect during my Personal Injury Case?

Although each personal injury case is unique, the following procedure applies in most personal injury lawsuits:

  1. File personal injury lawsuit
  2. Serve the Defendants with your lawsuit and other paperwork
  3. Wait for a Reply to be filed by the Defendant(s)
  4. Build your case: witnesses, medical records, and evidence from the other parties
  5. Motions before the Court
  6. Mediation may occur
  7. Resolution or settlement may be reached, in which case you will receive payment
  8. Trial, if your case proceeds to trial the personal injury attorneys at Cannon & Associates will use Fierce Advocacy to fight for you 

Can Cannon & Associates help me if I don’t want to file a lawsuit?
Yes, a large majority of personal injury claims in Oklahoma are settled without ever having to file a lawsuit; however, some claims are litigated. Your Oklahoma Personal Injury Attorney must seek your permission before escalating your claim from seeking a settlement or a demand to litigation. Basically, the decision to file a lawsuit is entirely up to each client. Our firm can and will advise you on the best options in your case, including the pros and cons of filing a lawsuit. 
Can a lawyer settle my case without my consent?
Absolutely not! No attorney at Cannon & Associates will ever settle a case without your consent. You will have our recommendation, which is based on knowledge and experience; however, the decision to accept or reject any settlement is our client’s decision and their decision ALONE. It is your case; we are here to fight for you and help you understand everything in your case. 

PERSONAL INJURY 101

What is Negligence?
Negligence is the failure of a person or company to use reasonable care in the performance of an action or duty. You can bring a negligence claim against any party that caused you an injury for violating a duty of care. You should contact a personal injury attorney, if you or a loved one was injured as a result of the negligence of another party.
What is a Personal Injury claim?
When one party is hurt based on the negligence of another party, a personal injury claim exists. A personal injury accident is a type of accident with one party being legally at fault. The victim or victims of a personal injury claim may bring a claim for financial compensation against the wrongdoer. A personal injury lawsuit is one brought by the victim of a personal injury accident. Victims of a personal injury case may receive financial compensation for their injuries, lost wages, property damage and pain and suffering.
What Type of Cases are Personal Injury Cases?
Personal injury cases are a type of civil lawsuit. Although, criminal charges may be brought by law enforcement against the negligence party in your accident; your personal injury case is separate from any criminal case. A personal injury case can result in one or more parties being held responsible and having a judgment against them to compensate you for your injury. 

There are many types of personal injury cases, including the following: car accidents, semitruck accidents, motorcycle accidents, 

What is Fault?
Fault is simply the responsibility for an accident or misfortune, i.e. proof that a specific person, company, or party is responsible for your personal injury accident. 
What is a Fault State?
Fault States, such as Oklahoma, require a fault determination or acceptable of fault prior to insurance companies awarding compensation. Fault laws protect driver’s ability to seek damages in a car accident from more than one party. In some cases many parties are responsible for a car accident, motorcycle accident, or semitruck accident. The right to seek damages from multiple parties is a benefit of Fault State negligence laws; however, insurance companies are not required to make payment until a personal injury victim can establish the responsible party in the personal injury case. 
What is a No-Fault State?
No Fault States, which Oklahoma is not, do not require a fault determination prior to Insurance companies awarding compensation to the injured party. Insurance providers in No Fault States will typically pay lost wages and medical costs up to policy limits; however, they will not award pain and suffering or compensatory damages in most cases without a lawsuit or judgment being entered.
General Ways of Determining Fault in a Car Wreck?
The determination of who is at fault in a car wreck is a fact intensive analysis. The primary question is who was negligent, which is determined by a party or entities failure to exercise reasonable care based on their responsibility. Reasonable care includes at least the following:

  • Attentive driving
  • Driving at or below the speed limit
  • Not driving excessively slow in normal road conditions
  • Not Texting while driving
  • Proper use of turn signals
  • Safe distance between other vehicles, i.e. not “tailgating”
  • Obeying stop signs and stop lights
  • Proper Yielding
  • Not driving while intoxicated

 

Is Oklahoma a Comparative Negligence State?
Yes, Oklahoma is a comparative negligence state, which means you may still be entitled to compensation if you’re partially responsible for the accident. Another term for Comparative Negligence is comparative fault. When more than one driver is responsible for an accident a percentage of liability is assigned to each driver that is in part at-fault for the accident.
What, if I’m partially at Fault for my Accident?

You may still be able to recover even if you played a role in your causing the accident that resulting in your injury. In Oklahoma, as long as you are less than 50% at-fault for the accident you can recover a proportionate share of the recovery you would receive if you were not at fault at all. This system is called comparative negligence and if necessary a jury will decide how to assign fault in your case. 

What is the Oklahoma 50-Percent Rule?

The Oklahoma comparative negligence statute includes a “50 Percent Rule”, which means you are barred from seeking damages from the other party, if you are 50 percent or more liable for the accident. Therefore, in Oklahoma you may only seek damages under our comparative negligence standard, if you are 49 percent at-fault / liable or less. 

SETTLEMENT IN A PERSONAL INJURY CASE

How long can an Insurance Company take to settle a Claim?
An insurance company has 30 days to investigate each claim and decide to compensate you for your injury. However, there is a process to contest their decision, if you do not agree with the decision. Remember, if you are in negotiations with an insurance company, you only have a limited amount of time to file a personal injury claim or be forever barred from seeking compensation for your injury. 
Who is responsible for my injury?
The experienced personal injury attorneys at Cannon & Associates can assist you in identifying all potential parties that can be held liable for your injury. The list of parties that can be held responsible for your injury, includes: car drivers, truck drivers, commercial carriers, employers of at-fault drivers in commercial vehicles, product manufacturers, truck inspection company, truck service company, emergency services, hospitals, and other parties. Call Cannon & Associates to discuss your claim. 
How much is my case worth?
The value of a personal injury case is based on a number of factors, including but not limited to the following: injury severity, total medical bills, injury’s impact on your quality of life, future medical expenses, the evidence of liability, insurance policy limits, number of injured parties, and other factors. Compensation in a personal injury case includes medical bills, lost wages, diminished earning capacity, and pain and suffering. 

After totaling these types of losses you can apply a multiplier of up to five for claims to account for your pain and suffering. The determination of the value of a personal injury claim is very complex and you should work with your chosen personal injury

Does Pain and Suffering include my Medical Bills?
No, pain and suffering does not include your medical bills. Compensation for pain and suffering is separate from and in addition to your medical bills. 
What does Compensation for Pain and Suffering look like?
Compensation for Pain and Suffering is proportional to your injuries and the resulting pain and suffering. The severity and permanent effect of your injuries dictates fair compensation for pain and suffering. You may be entitled to five times your amount of financial losses, if your injuries are severe and will have lifelong effects. Conversely, if you will have a full and complete recovery from the injuries suffered in your personal injury case, you may receive a smaller amount of pain and suffering compensation. 

Can I do anything to maximize my recovery?

Yes, you can help maximize your recovery after a personal injury accident by building a strong case to support multiple forms of damages. Medical records and medical bills can support the amount and severity of your injuries. Future expected medical bills or treatment needed can support your claim on the impact your case has on your life. Lost wages or employment can support your compensation for damages. Other negative impacts on your life can support your claim for pain and suffering. Additionally, hiring an experienced personal injury attorney will help you preserve and present your damages. The Fierce Advocates at Cannon & Associates will help ensure you abide by court rules and deadlines in filing response to pleadings filed by insurance defense attorneys. Experienced personal injury lawyers can help you maximize your injury settlement. 

Can I recover damages if I was not hurt, but my car was totaled?

Yes, if your car was damaged by an at-fault negligent driver you may be able to recover damages for your property loss. You must report the accident or your vehicle being damaged to your insurance company. You may be entitled to repairs, diminished value, or total loss, if you have collision coverage. The other driver’s insurance company should cover your property damages; however, if that driver is not insured or under insured your policy should protect you, if you have Uninsured Motorist coverage (“UIM”). 

COMPENSATION FOR SPECIFIC CASES

My wife and I were hit by a semitruck; however, only she was injured. Can she recover?
Yes, it does not matter if everyone is hurt in your car. When another driver is at fault for an accident, each passenger is entitled to their own claim for their injuries, lost wages, and/or pain and suffering. Sadly, some accidents result in only one passenger/occupant being injured, sometimes fatally. Survivors may have a wrongful death case or negligence claim. 
Oklahoma Comparative Negligence Question: An Uber driver ran a stop sign and hit me; however, I was speeding and texting. Do I have a personal injury case?
Maybe, Oklahoma Comparative Negligence law considers accident victim’s negligence for determining the amount of compensation they may be awarded. Oklahoma is a comparative negligence state, which means the victims of any type of accident may be determined to be partially at fault, which reduces the award the victim may receive. Under Oklahoma Comparative Negligence laws, you may be completely barred from receiving damages, if the jury decides you were 50% or more at fault for your accident. You should get the advice of an experienced personal injury lawyer in deciding to make a claim for an injury accident such as this fact pattern. 
Oklahoma Comparative Negligence Question: I was speeding and ran into a vehicle that failed to yield the right of way and was looking at their phone. Can I receive compensation? Does Oklahoma Comparative Negligence bar recovery?
The driver that failed to yield right of way and was looking at their phone may be found 75 percent or more at fault, out of 100 percent, for the accident. Therefore, you as the driver that ran into the other vehicle, while speeding, are 25 percent liable. If your injury and pain and suffering amounts to $100,000 in damages, you could recover $75,000 of your damages from the other driver and the remaining $25,000 of damages must be covered by your own insurance company.
I was rear-ended at a red light. I have been out of work for months. What will my damages be from the responsible driver?
After being rear-ended at a red light, you potentially can recover for mental and physical damages, lost wages, and pain and suffering. The amount of damages you receive is based on the extent of your injuries and the long lasting or lifelong effect of your injuries. You should speak with an experienced personal injury attorney, if you have missed work due to the negligence of another driver. 
Oklahoma Uninsured Motorist: The car that hit me was not insured. How can I obtain compensation for my damages?
This is an unfortunately common and complicated situation in Oklahoma. You have the opportunity to file a lawsuit against the owner of the vehicle and driver of the uninsured car for your medical bills, lost income, including future lost income, mental and physical pain, and pain and suffering. 

HIRING AN OKLAHOMA PERSONAL INJURY FIRM

Do I need a lawyer?

The answer is likely yes, if you have gone so far to research personal injury attorneys. Insurance companies are a business with a bottom line and the goal of making a profit. Therefore, insurance companies are motivated to settle personal injury car accident claims for low amounts. An experienced and skilled personal injury attorney can help you obtain the compensation you deserve and need. 

You can file a civil lawsuit without an attorney; however, you are required to follow the formalities that personal injury attorneys are required to follow. Some mistakes in a personal injury case can result in denial of your claims or seriously reducing the strength of your personal injury case.

How can a Personal Injury Attorney Help Me?

The likelihood of success in any personal injury case depends on the facts and your ability to present them in the light most favorable to your case. An experienced personal injury attorney can give insight into every aspect of your personal injury case and the likely outcomes at each point in the process. 

Most importantly, an experienced personal injury attorney will be with you every step of the way to guide your case and make the best arguments to increase your chances for a favorable settlement. Each step of your case that you make the right calculated decision will increase your likelihood of success. 

Finally, if you must litigate your personal injury claim, you would be held to the same standards as an attorney if you presented your personal injury case without an attorney. Experience matters when you are facing experienced insurance defense firms.

How Much will My Case Cost?
How Much will my personal injury case cost?

Our personal injury attorneys handle cases on a contingency fee basis. We understand the financial stress you may be facing, if you have been seriously injured and you are out from work. It is difficult to afford competent counsel when work and your finances are in a good place; however, it is very difficult to come up with the money to hire an attorney when you are in a difficult place in life. Recognizing this issue, Cannon & Associates handles all personal injury cases on a contingency basis; we receiving nothing unless you recovery damages. 

If our firm agrees to handle your case, you will be presented with a written fee agreement showing you the contingency fee that will be charged, if we are successful in fighting your personal injury case. You will not be charged anything for our team to begin work on your case. We only get paid, if you receive an award or a settlement. We are compensated by a portion of the award to cover our expenses in fighting your case and legal fees. Basically, our fee is a percentage of the settlement amount recovered by an insurance settlement or an award from a jury.

How much will an experienced Personal Injury Attorney charge to handle my car accident injury case?

If you are seriously injured in an Oklahoma car accident due to another driver’s careless driving, negligence, or that driver’s fault; you need to consult with an experienced Oklahoma personal injury lawyer. Cannon & Associates will review your case at no charge and explain your legal options in your personal injury claim. You will not owe our firm a legal fee, unless we win a settlement or judgement for you. 

How much does it cost to take a personal injury case to trial?

The majority of car accident injury claims are resolved without going to trial in Oklahoma. However, the attorneys at Cannon & Associates are Fierce Advocates with years of trial experience at the ready, if needed in your case. It is our goal to reach the best outcome for every client as quickly as possible to address your financial and medical needs. However, if the insurance company or insurance adjuster refuses to settle your personal injury claim for fair compensation, we will take them to court to seek justice for you.

Taking a case to court or trial costs more than an out of court settlement. There are a wide variety of expenses related to taking a personal injury case to court or trial, which typically include some or all of the following:

  • Filing Fee
  • Depositions of witnesses
  • Investigation costs
  • Expert witnesses, i.e. accident reconstructionist or medical experts
  • Travel expenses
  • Trial preparation
  • Exhibit and technology expenses 

Cannon & Associates will advance every cost in your case and the costs will be documented in detail and expensed at the conclusion of your case after your reach a settlement or a jury award.

contact – cannon & associates: oklahoma sexual assault plaintiff advocates

Experience matters when you or a loved one has been injured or died as a result of the negligence of someone in a vehicle accident in Oklahoma. It is important to know the Oklahoma personal injury lawyer you hire is dedicated to your cause and versed in all aspects of car accident and personal injury law in Oklahoma. Cannon & Associates is dedicated to Fierce Advocacy for accident victims and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight for compensation in your car accident case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation.

 

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