Personal Injury

Accidents and injuries happen all the time. By their very nature, they usually come out of the blue, and you can suddenly end up with injuries that can impact you physically, emotionally, and financially for the rest of your life. Oklahoma, like every other state, has laws to recover compensation for personal injuries that result from the negligence or even intentional action of another person or entity. 

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Personal Injury

Personal Injury Attorneys in Tulsa, Oklahoma

Accidents and injuries happen all the time. By their very nature, they usually come out of the blue, and you can suddenly end up with injuries that can impact you physically, emotionally, and financially for the rest of your life. Oklahoma, like every other state, has laws to recover compensation for personal injuries that result from the negligence or even intentional action of another person or entity. 

Injuries such as car accidents, dog bites, slip and falls, and other incidents are typically covered by insurance. However, even if there is insurance at play, sometimes the only way to recover what’s fully due for your injuries—including for noneconomic damages like pain and suffering, is to file a personal injury lawsuit.  

If you or a loved one has been injured due to the actions or negligence of someone else in or around Tulsa, Oklahoma, contact an attorney at Law Offices of Jeff Martin. Our “Heavy Hitter” legal team has more than four decades of experience in pursuing personal injury claims and lawsuits and will work hard to provide you with personalized service. We even stand ready to come to you if you’re too injured or incapacitated to come to us, even if it’s just to help you with paperwork.  

In addition to Tulsa, we proudly serve clients throughout all Eastern Oklahoma, including Muskogee, Bartlesville, and McAlester. Set up a consultation with us today. 

 

Personal Injury Claims in Oklahoma

If you suffer an injury because of someone else’s actions, inactions, or negligence, that person (or entity) can be held liable under Oklahoma’s laws. Even in an auto accident, Oklahoma is an “at-fault” state, meaning the driver responsible for the collision and injuries is generally liable for the injuries, losses, and damages caused. 

Oklahoma is also a “strict liability” state when it comes to injuries from dog bites or other dog attacks. Some states adhere to a “one bite” rule, meaning the first dog incident is forgiven, but Oklahoma holds that all incidents involving dogs make the owner liable.  

Retailers and homeowners are likewise responsible under their insurance policies—or through lawsuits—if their lack of reasonable concern in failing to warn of potential dangers and/or in neglecting to correct any dangerous conditions result in someone’s injury.  

For a personal injury lawsuit, the State of Oklahoma places a two-year statute of limitations. This means you cannot take legal action against a liable party once two years have passed since the date you incurred your injuries. Insurance claims, of course, must be lodged much more quickly than that, usually within days of your injuries, or a week or two at most. Insurance policies typically have clauses requiring prompt reporting. 

 

Who’s to Blame? The Modified Comparative Negligence Standard

Not all accidents are solely attributable to someone else’s negligence. For instance, if you’re rear-ended but your brake lights failed to function, you could be partially at fault. For a slip and fall in a retail establishment, if you’re too busy reading text messages on your phone and fail to see something on the floor that causes you to slip and fall, you could be partially responsible in that situation as well. 

Suppose that in the rear-end situation you are found to be 30 percent at fault for having nonfunctioning brake lights. Your settlement or jury award would be reduced by 30 percent. If you were originally going to receive $100,000, you’d end up with only $70,000. The same calculus would apply in the slip and fall situation. 

The modified comparative negligence rule is also known as the “51 percent rule.” This is because you can only recover if your personal fault doesn’t exceed 50 percent. If the jury or claim adjuster finds you to be 51 percent or more at fault, you cannot recover anything. You can imagine how an insurance company claim adjuster will try to pin as much fault on you as possible so they can minimize your settlement or deny it altogether using the standard of negligence assignment. 

 

Filing a Personal Injury Lawsuit

Remember that you generally have a two-year window to file a personal injury lawsuit in Oklahoma. It’s important to enlist the help of a personal injury attorney to guide you through this process. For example, dealing with an insurance company claim adjuster can be a trying experience. Claim adjusters are trained to pin as much blame on the claimant as possible to lower or evade their company’s liability. They have an arsenal of questions and statements that they hope you’ll fall prey to and then say or agree to something that they can use against you later.  

 

Damages Available

You can recover both economic and non-economic damages for your injuries and losses. Economic damages may include medical expenses, lost wages, and compensation for property damage. Non-economic damages may include physical pain, emotional distress, and loss of affection or companionship. 

Keep in mind, however, that insurance policies have caps on them. The basic auto liability policy in Oklahoma provides for only $25,000 in personal injury compensation, for example. Homeowners and commercial liability policies have caps as well. Additionally, if you go to court and win, Oklahoma law limits non-economic damages to $350,000, but there is no cap on economic damages. 

Contact Us ASAP - Our dedicated team of experienced personal injury attorneys are here to help you recieve the maximum compensation that you deserve. With a deep understanding of Oklahoma's laws and a commitment to advocating for our clients, we will fight tirelessly to protect your rights and secure the best possible outcome for your case. Don't delay, and let us help you reclaim your peace of mind.
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FAQs

How Do I Know If I Have A Valid Personal Injury Claim?

Determining the validity of a personal injury claim in the state of Oklahoma hinges on several critical factors. First and foremost, it should be established that the injury was the result of another party's negligence or intentional act.

This could mean proving that the other party failed to uphold a reasonable standard of care, leading directly to your harm. Additionally, it is essential that there is a demonstrable loss or damages because of the injury; this includes not only physical suffering but may also encompass emotional distress, loss of earnings, and the cost of medical treatment.

We understand that navigating through the intricacies of personal injury law can feel overwhelming. Rest assured, our team is equipped with the knowledge and the commitment to assist you every step of the way. We encourage you to reach out for a consultation at your earliest convenience, as Oklahoma law enforces a statute of limitations that could impact the timeliness of your claim.

Acting swiftly ensures that we can guide you in documenting your case effectively, preserving the pertinent evidence, and initiating legal proceedings within the required time frame. Your well-being and the pursuit of justice are our top priorities, and we stand ready to support your quest for rightful compensation.

 

How Long Do I Have To File A Personal Injury Lawsuit In Oklahoma?

In Oklahoma, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the incident. This legal boundary is established to ensure a fair process for both the injured party and the alleged at-fault party. It's imperative to understand that the clock is ticking; waiting too long can jeopardize your ability to bring forth a claim.

However, we acknowledge that the period following an injury can be tumultuous and confusing. This is why we underscore the importance of timely legal advice. Initiate a dialogue with our seasoned professionals who can help clarify your rights and the relevant time constraints, thereby safeguarding your interests.

Your peace of mind is paramount and taking prompt action eliminates the risk of forfeiting the compensation you deserve. Our firm pledges a thorough and compassionate partnership in your pursuit of justice, affirming our commitment to your case from the moment you decide to seek our help.

 

Should I Accept An Insurance Settlement Offer?

Acceptance of an insurance settlement offer is a decision that warrants careful consideration. It is fundamental to understand that insurance companies are often inclined to settle claims expediently and economically.

Thus, the initial offer may not fully reflect the extent of your losses or the long-term impact of your injury. Before accepting any settlement, we urge you to consult with a legal professional who can objectively evaluate the offer in the context of your unique circumstance.

With a compassionate understanding of your predicament, our firm stands ready to meticulously review any proposal and negotiate on your behalf, ensuring that the compensation offered aligns with the full scope of your suffering and expenses. Remember, once a settlement is accepted, it extinguishes your right to seek further damages related to your injury.

We are committed to empowering you with the information you need to make an informed choice and will support you in the negotiation process to strive for an outcome that honors the full value of your claim. Your welfare is our utmost concern, and we will advocate tenaciously to protect your rights and interests.

 

Can I Still File A Personal Injury Claim If I Was Partially At Fault?

In the realm of personal injury law, the concept of 'comparative fault' may apply, which recognizes that more than one party can be responsible for an accident. It is a nuanced aspect of the law, and you may wonder if your partial fault precludes you from filing a claim. We wish to assure you that in Oklahoma, provided that your responsibility does not exceed 50 percent, you may still be eligible for compensation, albeit proportionately reduced by the degree of your fault.

We understand that admitting even a fraction of responsibility can be daunting and may cloud your judgment regarding the pursuit of a claim. Our team approaches such concerns with the utmost empathy and is committed to evaluating the particulars of your situation with a detail-oriented lens. Allow us to alleviate the burden from your shoulders by navigating these complex legal waters on your behalf.

Your right to seek recovery should not be obscured by the intricacies of comparative negligence. Our firm is adept at carefully analyzing the facts, advocating for your interests, and ensuring that you are not unjustly denied compensation for the harm you've sustained. We stand with you, prepared to elucidate your options, and diligently fight for a just and equitable resolution.

 

How Is Pain And Suffering Calculated In Oklahoma Personal Injury Cases?

Calculating pain and suffering in Oklahoma personal injury cases is a matter that necessitates a judicious blend of legal acumen and human compassion. Pain and suffering are subjective and non-economic damages that embody the physical pain and emotional distress one endures because of an injury. It's critical to appreciate that these damages extend beyond the visible injuries and encompass the profound effects on your day-to-day life and overall well-being.

Our firm grounds its approach in a comprehensive understanding of both the tangible and intangible repercussions of your injury. We draw upon a wealth of experience to evaluate your pain and suffering by considering several factors, including the severity of the injury, the prognosis for recovery, and the impact on quality of life. We enlist medical experts and utilize established methods, such as the multiplier technique or the per diem approach, to ascertain a fair value for your suffering.

Amidst the complexities of calculating such subjective damages, rest assured, our priority remains steadfastly focused on affirming your dignity and securing the compensation that reflects the true extent of your hardship. We are unyielding in our determination to represent your interests with the full weight of our experience, allowing you to heal with the assurance that your case is in capable and caring hands.

 

What Should I Bring To My First Meeting With A Personal Injury Attorney?

Your initial consultation with a personal injury attorney is a pivotal step in your journey towards justice. To optimize the productivity of this meeting and to ensure that we can provide the most accurate and comprehensive advice, it is advisable to come prepared with specific documentation and information.

We recommend you bring your medical records, insurance communications, and a record of any expenses incurred due to your injury. This may include but is not limited to medical bills, medication receipts, and documented proof of missed work or wages. Additionally, any photographs of the incident or injury, police reports, and witness contact information can provide invaluable support to your case.

Assembling these items may seem daunting, but their importance cannot be overstated – they form the foundation upon which we can best advocate for you. Approach this process knowing that our team is ready to assist you every step of the way, validating your efforts and dedicating our resources to uphold your rights.

Your diligent preparation, paired with our legal skill, sets the stage for the vigorous representation that defines our practice. Trust in our commitment to shoulder this journey with you, ensuring we forge a path towards the resolution and closure you deserve.

 

How Does The Personal Injury Claim Process Work?

Navigating the personal injury claim process may initially appear formidable, but with our guidance, each step becomes a calculated stride toward justice. It begins with a thorough case evaluation, where we gather and examine every shred of evidence to construct a strategy tailored to your situation. Following this, your formal claim is filed, detailing the exact nature of your injuries and the compensation sought.

Throughout negotiations with the at-fault party's insurance company, we act as your steadfast advocate, equipped to counter any attempts to minimize your claim. Should these negotiations not yield a fair settlement, we are prepared to demonstrate the full scope of your case in court with unyielding resolve.

Understanding each phase can empower you with clarity and comfort in what to expect. As you look to the future, know that we share in your determination to secure a just outcome and are with you, every step of the way. Our firm's commitment to your well-being is absolute, and we are unwavering in our endeavor to see you through to a conclusion that fully acknowledges the losses you've endured.

 

What Happens If My Personal Injury Case Goes To Trial?

Should your personal injury case advance to trial, it marks a phase where meticulous preparation converges with strategic legal action. A trial setting can indeed seem daunting, yet it is also a platform where the gravity of your ordeal is brought to light, demanding the recognition it deserves. It is a structured process, beginning with the selection of an impartial jury and followed by opening statements, presentation of evidence, and witness testimony.

During this critical juncture, our role transcends mere legal representation; we become your unwavering ally, presenting your narrative with the gravity and respect it warrants. Our arguments are crafted with precision, backed by the power of evidence and an unwavering commitment to justice. Expert witnesses may be called upon to substantiate the extent of your injuries and the associated impact on your life, ensuring that every aspect of your claim is articulated with undeniable clarity.

As we navigate through the trial's proceedings, our firm stands as a bulwark against any attempts to undermine your case, countering with robust advocacy and an unrelenting defense of your rights. We urge you to draw strength from our experience and confidence, as we are wholeheartedly invested in achieving a verdict that honors the truth of your experience. Rest assured, our authoritative representation reflects your trust, and every action we take is a stride toward restoring balance to your life.

 

Can I Claim Compensation For Emotional Distress In My Personal Injury Case?

The suffering that accompanies a personal injury is not limited to physical pain; emotional distress is often an invisible burden that can be equally as debilitating. Our legal system recognizes this anguish, paving the way for you to claim compensation for the psychological impact of your ordeal.

Such claims, while complex, can be substantiated through diligent advocacy and the accumulation of compelling evidence, including professional psychological evaluations and records of therapy sessions.

When we take on your case, we approach it with a profound sense of duty to illustrate not just the visible injuries but the emotional scars as well. It is our responsibility to ensure that these non-physical hardships are given their due consideration in your claim. We are committed to providing a voice to your pain and navigating the intricacies involved in securing the compensation you rightfully deserve.

Remember, acknowledging your emotional distress is not a sign of weakness, but rather a courageous step towards holistic healing and recovery. Trust in our lawyers to guide you through this critical component of your personal injury case, advocating for a resolution that encompasses the full spectrum of your suffering.

 

What Steps Should I Take Immediately After Suffering A Personal Injury?

In the wake of a personal injury, immediate action can drastically affect the outcome of your case. Your priority should always be to seek medical attention, not only for your health and wellbeing but to ensure that there is a record of your injuries. Being evaluated by a healthcare professional provides a critical baseline for demonstrating the extent and impact of your harm.

Simultaneously, it's important to report the incident. If it's a vehicular accident, notify the police, in the case of an injury on someone else's property, report to the owner or manager. Documentation created at this stage is key in establishing the facts surrounding your injury.

Remember also to gather contact information from any witnesses and, if possible, take photographs of the area, any visible injuries, and what caused the injury, as these can be persuasive pieces of evidence.

Preserve all evidence as it may serve a pivotal role in your case. However, refrain from giving statements or signing documents from insurance companies before consulting with an attorney to avoid prematurely compromising your claim.

Above all, understanding and executing these steps at such a critical time might seem overwhelming. Our firm is here to offer guidance and support, ensuring that you're taking the right steps at the right time for the strongest legal claim possible.

 

What Are The Most Common Types Of Personal Injury Cases?

Personal injury cases encompass a broad spectrum of scenarios where individuals may suffer harm due to another's negligence. The most common types of cases we handle include auto accidents, which can leave victims with significant physical and emotional trauma.

Slip and fall incidents are also prevalent, often occurring on premises that have failed to uphold safety standards. Medical malpractice claims arise when healthcare professionals deviate from accepted practices, resulting in patient injury or worsening conditions.

In each instance, our firm brings a depth of knowledge and a steadfast commitment to your representation. We understand that behind every case is a person whose life has been disrupted, and that's why we advocate so passionately.

Being well-versed in the nuances of personal injury law allows us to navigate each claim effectively, positioning us to seek the most favorable outcome for you. Let our experience serve as your shield and our empathy as your comfort, as we stand by your side to affirm your rights and pursue the restitution you merit.

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Personal Injury Law is Our Passion and Focus

Our goal is clear - to help our Clients recover the Maximum Damages possible for their accident injury claim from the resposible parties.

Why Choose Us to Represent You?

Jeff Martin and Hensen Dirani focus on helping clients recover maximum damages for your accident injury claims.

We offer free case consultations with an experienced attorney.

We have received over 500+ positive Google reviews from our local clients.

We only focus on personal injury law and various types of injuries regarding bicycle, car, medical malpractice, motorcycle, nursing home negligence, sex abuse, pedestrian, premises liability, product liability & truck accidents etc...

We can determine the value of your case based on factors like the severity of injuries, pain and suffering, medical treatment, lost income, and available insurance coverage.

Our skilled injury lawyers negotiates with the insurance companies on your behalf to maximize your recovery.

We service clients all over Oklahoma, call for a free consultation. You don't pay, unless we win for you.

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