Oklahoma Personal Injury Lawsuit Timeline
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This page is intended to answer common questions about the process of an Oklahoma Personal Injury lawsuit. Thousands of people are injured or even die each year in Oklahoma based on the negligence of others. Many of them do not know what goes into prosecuting their claim for personal injury in Oklahoma. Every case is unique; however, these basic steps are the standard events or benchmarks in personal injury claims and lawsuits in Oklahoma.
Personal Injury Lawyers in Oklahoma
The Oklahoma personal injury lawyers at Cannon & Associates have the experience and FIERCE ADVOCACY you need to seek compensation for you or a loved one’s personal injury claim. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation. You will only be charged a fee from our Firm, if you are compensated.
1. Medical Treatment
The first step in any personal injury case is to ensure that you receive medical treatment. Go to the hospital immediately, if you are seriously injured. Otherwise, you should see a doctor as soon as possible. Many injuries after an accident do not cause immediate pain and can get worse without medical treatment. Not only does your health require you to seek medical treatment; your claim for any personal injury requires you obtain medical treatment to document your injury and treatment you received.
2. Hire an Experienced Personal Injury Lawyer
The second step in any personal injury claim, greater than a minor claim, is to choose an experienced personal injury attorney. The sooner you interview and hire a personal injury attorney after your injury the better. You may be able to settle a minor injury claim without an attorney; however, you will need an Oklahoma personal injury attorney for any significant injury, economic loss, or non-economic loss.
A safe rule is any injury requiring you to be out of work for more than two days is a large claim. Substantial personal injury claims include any broken bone, medical bills above a couple thousand dollars, or any long-term injury.
You should interview attorneys and choose the Oklahoma Personal Injury attorney that you like and trust.
3. Personal Injury Lawyer Investigates Claim
The next step in a personal injury claim or lawsuit is for your chosen attorney to thoroughly research your case. Your attorney should interview you in-depth about the events that lead-up to your accident and what happened after your injury. Your attorney will obtain all available medical records, including EMSA or ambulance and urgent care records, if available. An experienced personal injury firm will want to know every detail about your injury and the accident. Therefore, it is important to take notes of what you can remember and bring them to your attorney.
Additionally, your personal injury attorney will collect all medical records and bills related to your injury and any relevant medical records for past treatment relating to the injury or condition you are currently suffering in the case. Unfortunately, this process may take over 30 days; however, our firm seeks immediate responses to medical record request and we follow-up with record providers regularly until all necessary records are obtained.
Next, your personal attorney will review the medical records and determine, if you have a case. It may be disappointing to be told you do not have a case; however, it is better to hear this information as soon as possible.
4. Demand Letter and Negotiation
Many personal injury claims can be settled by your personal injury attorney drafting a detailed and well-reasoned demand letter, which lays out your claims and the medical and financial records to support the demand you are making for compensation. In many cases demand letters are successful in resolving cases or at least providing an option to clients for compensation without going through the hardship of litigation.
Demand letters should not be made until the maximum medical improvement (“MMI”) has been reached. MMI occurs when a plaintiff has ended his/her medical treatment and has reached the recovery that he or she is going to reach. The point that MMI has been reached tells your personal injury attorney the value of your damages and case, which will maximize your recovery.
Knowledge is power and in personal injury cases your attorneys knowledge of the laws related to persona injury and a complete understanding of your medical conditions is vital. It is crucial your personal injury attorney knows everything about your case to present your best arguments to the insurance company and to be your FIERCE ADVOCATE.
5. Personal Injury Lawsuit
Filing a personal injury lawsuit begins the clock for judgment or a settlement in your case. Oklahoma pretrial processes are complex and detail specific; however, with a Fierce Advocate, your case may proceed to trial before a year has passed. It is crucial your personal injury lawsuit is filed within two years of your injury to not violate the Oklahoma statute of limitations.
6. Discovery Process
Discovery is a process in every civil case, including personal injury cases, to investigate the opposing party’s claims and defenses. Both or all parties are entitled to send Interrogatories (questioned asked under oath), Requests for Production (demands for documents and supporting evidence), and Requests for Admissions. Additionally, parties may take depositions of relevant parties, which is an adversarial process where all parties ask a single witness multiple questions under oath, which is typically transcribed by a court reporter and often video recorded. It is important to know your chosen Oklahoma personal injury attorney is competent to defend your case at your deposition and has experience helping clients prepare for being deposed.
7. Mediation and Negotiation
At any point in a personal injury case the parties may reach or discuss settlement. The stronger your case the higher the likelihood your personal injury attorney will be made a settlement offer by the insurance company. Mediation is a process where all parties formally meet to discuss a settlement, which is typically supervised by an experienced attorney that focuses on settlement negotiations. Mediation is typically not scheduled until the discovery process is compete.
You need a Fierce Advocate with trial experience if you are not offered a settlement you want during the litigation process. Personal injury trials can last over a week and will involve multiple witnesses, experts, and exhibits to support your claims and the opposing party’s defenses. Unfortunately, trial dates can be postponed due to the schedule of the court and other factors. It is key to have an effective trial strategy long before your enter the courtroom and evidence and witnesses to support your claims. You need experienced trial counsel for your case.
Fierce Advocates and Oklahoma Personal Injury Lawyers
The entire team at Cannon & Associates are Fierce Advocates for the victims and families of personal injury cases. We work on a strict contingency-fee basis, which mean you have NO ATTORNEY FEES, unless we obtain compensation in your wrongful death case.
Hiring an Oklahoma Personal Injury Attorney
The laws and procedures that protect families in personal injury cases are complex and in order to protect your claim you must follow a specific list of steps. Your rights to file a personal injury case and the requirements to file should not be taken lightly. Speak to the Oklahoma personal injury lawyers at Cannon & Associates to learn about your rights and our Fierce Advocacy.
We hope this brief guide has helped explain the general process of an Oklahoma personal injury claim or injury lawsuit. It is important to know the Oklahoma personal injury lawyer you hire is dedicated to your cause and versed in all aspects of Oklahoma personal injury laws. John Cannon, owner of Cannon & Associates is a Fierce Advocate for victims of personal injury and will fight for you. He has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your personal injury case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation.