Accidents in cars and trucks are never anticipated. A commercial truck or auto accident may turn your life upside down in an instant. In some minor automobile accidents or motorcycle accidents, simple property damage is a concern, which can frequently be resolved with the help of your car insurance carrier. However, if you are injured in a car accident, motorcycle accident, or commercial truck accident, you will need to file a personal injury claim or, in some cases, a lawsuit, and you will need the help of an experienced Oklahoma personal injury auto accident lawyer.
If you want to handle your Oklahoma auto accident case on your own, this page can help; however, it is in your best interest to hire an experienced Oklahoma car accident lawyer to guide you through the complicated process of seeking compensation for your injuries. If you have been in a car accident, the experienced auto accident attorneys at The Law Office of Dakota C. Low are here to answer your concerns and assist you in preparing for the Oklahoma personal injury claim process.
The following are some of the questions addressed on this page:
- What is the procedure for settling a personal injury claim?
- What are the methods used by insurance companies to resolve personal injury claims?
- How long does a personal injury case take?
- What is the procedure for bringing a lawsuit after an automobile accident?
- How can a personal injury lawyer assist me with my personal injury claim?
- Do I require legal representation in my car accident case?
- In my vehicle accident case, what role does a personal injury lawyer play?
- How do I select a personal injury attorney?
Step One: Initial Investigation of an Auto Accident
- What should I do if I’m in a car accident right away?
- What should I avoid doing following a car accident?
- What should I say if I’m in a car accident?
- Should I call the cops after a car accident?
Your safety and the safety of the other drivers should be your top priorities at the site of your Oklahoma car accident. If you’ve been in an automobile accident, you should seek medical attention right away. However, if it is safe to do so, you should photograph the site of your auto accident or motorcycle accident, including the damage to your vehicle, the damage to the other vehicle, and the scene of your auto accident. If it is safe, you should also relocate your car or motorcycle out of traffic.
After an automobile or motorcycle accident, it is critical to contact the police and file an accident report. After your Oklahoma car accident, police will create an automobile collision report that documents the parties involved, insurance information for all vehicles involved in the accident, accident witness information, a fault determination (if made by the officer after the accident), and other crucial information for handling your car accident or motorcycle accident claim.
It’s also a good idea to take pictures of the scene of your automobile accident, as well as any nearby businesses with surveillance cameras or traffic cameras that may have video of your car or motorcycle accident. Following your auto accident, a thorough investigation will aid you or your Oklahoma accident attorney in moving your insurance injury claim along quickly.
Step Two: Injury Rehabilitation
- Should I see a doctor after a vehicle accident?
- After a car accident, what happens to your body?
- Do I need to see a doctor after an accident?
- What medical attention do I require following a car accident?
Even if you do not believe you were hurt immediately after your car, motorcycle or commercial truck accident, it is critical to get medical attention and have your injuries thoroughly evaluated. Make sure you inform your doctor about all of your pain and soreness when you see him or her following your car accident. After a vehicle accident, it’s critical that you tell the doctor how you feel about your pain and soreness. Your doctor won’t be able to diagnose your injuries after an auto accident unless you tell them about all of the agonies you’re in.
You may need to see a professional, such as an orthopedist, a chiropractor, or a physical therapist, in many circumstances. After a vehicle accident, these specialists will employ innovative procedures to detect and treat all of your injuries. Furthermore, professionals who regularly deal with auto accident victims will have access to modern imaging and/or scans to see your damage beyond what an x-ray can detect.
After an auto accident or motorcycle accident, you must then follow your treatment provider’s advice. If there are gaps in your treatment history, insurance firms will try to blame your pain and injuries on something other than your car accident. Additionally, if you have gaps in your care after being injured in an auto accident, insurance companies may claim that your injuries have healed or are not as serious as they appear. This part of the procedure should be repeated until all of your treatment providers, including your orthopedist, chiropractor, primary care physician, and/or physical therapist, have informed you that you no longer require t
reatment. Healing is the most crucial aspect of any personal injury lawsuit, and you won’t be able to do so until you follow through with therapy following your car accident.
Step Three: Submit an Insurance Claim to Your Insurance Company
- What are your options for dealing with insurance following a car accident?
- Is it necessary for me to contact my auto insurance company following an accident?
- After an accident, what should you say to my insurance company?
- When should you contact your insurance company following a car accident?
After a car accident, truck accident, motorcycle accident, or any other accident involving a vehicle insured by the insurance company, you must tell your insurance company. After an auto accident, your insurance provider is usually best equipped to get your vehicle fixed or assist you in receiving total loss value. Even if the incident or crash was not your fault and another motorist was at blame, your insurance company can help you have your vehicle repaired after a collision or wreck. If you were the at-fault driver, your insurance company is capable of and will pursue reimbursement from the other driver’s insurance company.
Be aware that the at-fault driver’s insurance company will contact you following your car collision. They’ll probably record the talk so they can use it against you later if required, and they’ll ask you to give a written or recorded statement regarding the car collision. You should not give a statement to the at-fault driver’s insurance company. The at-fault insurance company is a for-profit firm, and they benefit from your acceptance of a cheap offer to settle all claims as soon as possible after your car accident.
Any Oklahoma auto accident lawyer would warn you not to take a fast settlement. When the at-fault insurance company contacts you after an auto accident, you may not even know the full extent of your damages. You should not release the at-fault driver too soon because your injuries and damages from the car collision could persist for months. You should consult with an experienced Oklahoma auto accident lawyer before dealing with the at-fault driver‘s auto accident insurance company, which leads to the next step.
Step Four: Seek the Advice of an Experienced Oklahoma Car Accident Attorney
- Do I require legal representation following a car accident?
- What questions should I ask a car accident lawyer?
- After a vehicle accident, when should I hire a lawyer?
- How do I find an attorney for a car accident in Oklahoma?
Whether we work together on your auto accident claim or not, the Fierce Advocates at The Law Office of Dakota Low are dedicated to fighting for victims of other drivers’ wrongdoing. We want you to understand the process and know what you’re up against. We’d be happy to meet with you for a confidential case examination to go over your options and the processes you’ll most likely face in your Oklahoma auto accident claim.
Hiring a Fierce Advocate and Oklahoma car accident lawyer that is experienced with personal injury case law, process, and strategy will tremendously enhance your claim for damages and will prepare you for litigation if you need to file a lawsuit.
Our Oklahoma car accident attorneys and motorcycle accident attorneys will work to protect you from insurance companies and adjusters taking advantage of you. Our vehicle accident lawyers will safeguard you from insurance adjuster calls, perform an investigation into your auto accident, and be your Fierce Advocate against the insurance company’s low-ball settlement offers.
For our representation, our injury lawyers will not charge you a fee up front. We only get paid if we help you recover damages in your Oklahoma auto accident claim through a settlement or verdict. We are committed to assisting clients and keeping you updated throughout the process.
Step Five: Medical and Liability Investigation
- Can I pay my automobile accident claim while I’m in the hospital?
- In the event of an automobile accident, how do you determine who is at fault?
- How long does it take to investigate a traffic accident?
- How long does it take for pain to subside following a vehicle accident?
Once you’ve hired Dakota Low, our Fierce Advocates and Oklahoma car accident lawyers will investigate your accident and keep you updated on any developments as well as the status of your medical care. Our staff will order your medical bills and medical documents for your automobile accident or motorcycle accident case as your medical treatment progresses. Our accident lawyers will send the information to your insurance carrier once all of your treatment needs have been established, and in certain circumstances before your injury treatment has been completed.
In many circumstances, our clients’ injuries do not heal in time to submit final records to the insurance company after a serious injury auto accident. We will contact your treatment provider or doctor and obtain a report to submit with your treatment records to the instance company whenever a doctor or treatment provider has diagnosed long-term pain. The treatment phase of a personal injury vehicle accident claim is usually the most time-consuming. It is critical not to settle your personal injury claims with the insurance company until all of your injuries and discomfort have been identified.
In a vehicle accident situation, pain is difficult to quantify in terms of both duration and intensity. Following a car accident, proper pain management is critical, and it may necessitate continuing medical therapy.
One of the most popular concerns we get is how do you identify who is at fault in a vehicle accident case. In any vehicle accident lawsuit in Oklahoma, determining culpability requires a thorough review of the facts and reasons of the event. We develop a case to determine vehicle accident culpability determination using our years of experience and, in some situations, experts. Oklahoma is a Fault State, which means that if you are the at-fault driver in an automobile accident, you will not be able to recover. Liability determinations are serious matters that should be handled by a skilled and caring auto accident lawyer.
Step Six: Demand for Settlement
- How do I prepare an insurance claim demand letter?
- What information should be included in a demand letter for a vehicle accident claim?
- Should I hire an attorney to draft my letter of demand to the vehicle insurance company?
- After a car accident, can I settle my pain and suffering claim?
Our Oklahoma personal injury vehicle accident lawyers will gather all of the evidence to back up your claim against the insurance company. Our Oklahoma car accident attorneys will develop your case and seek damages to compensate you for both economic and noneconomic losses, such as pain and suffering and mental distress.
The evidence to support your damage claim against the negligent or liable party in your automobile accident or other personal injury claims should be included in your demand package. Medical records, orthopedic records, out-of-pocket medical expenses, lost wage documentation, car accident report, witness statements, photographs of your injuries and vehicle damage, and any other documentation you can gather to support your insurance claim should all be included in a well-supported personal injury demand letter or settlement demand.
To begin, an insurance claim adjuster will analyze your settlement demand, and he or she will most likely have hundreds of claims to review. It’s critical that your demand is well-written and distinct. Letterhead from your personal injury attorney’s law office, along with supporting documents and accurate information, will help demonstrate that you are serious about your case. In any insurance demand letter, your Oklahoma personal injury lawyer should include the following four critical elements:
A well-supported and well-drafted demand letter will force the insurance company to settle your injury and damage claims for reasonable compensation, or they will be forced to defend your personal injury auto accident lawsuit.
Step Seven: Settlement of Accident Case or Personal Injury Lawsuit
- What should I do if my insurance company refuses to pay my vehicle accident claim?
- How long does it take to file a car accident lawsuit?
- When should you file a lawsuit after a vehicle accident?
- Is it worthwhile to file a lawsuit after a car accident?
Once the insurance adjuster makes a final offer on your vehicle accident claim, you must decide whether to accept the offer and settle your claim or launch a personal injury auto accident lawsuit. Most individuals dislike filing lawsuits; but, if the insurance company refuses to compensate you fairly for your economic and noneconomic losses, a personal injury vehicle accident lawsuit may be your only option.
Auto insurance adjusters and insurance companies take advantage of the fact that most individuals do not want to file a lawsuit, and they know you may be prepared to settle your damage claims for less than fair compensation in order to avoid going to court. Our experienced Oklahoma personal injury lawyers and Fierce Advocates will advise you on whether the insurance company’s offer is realistic and worth considering. Your decision to pursue your personal injury auto accident claim does not preclude you from reaching a fair settlement with the insurance company’s defense counsel at a later date.
Our Oklahoma car accident lawyers, on the other hand, will be there for you every step of the way. Remember that whether you engage with one of our auto accident lawyers at Dakota Low or another Oklahoma personal injury lawyer, the decision to accept or reject any offer is entirely up to you. It is entirely up to you, not your vehicle accident lawyer, whether or not you accept a personal injury settlement offer from the insurance adjuster.
Step Eight: Personal Injury Lawsuit Discovery
- How can I find out how much my insurance policy covers a car accident?
- What happens during the discovery phase of a personal injury case?
- How long do most car accidents take to settle after they are discovered?
- What sorts of discoveries are available in a personal injury case?
Your Oklahoma auto accident attorney will prepare and file an injury lawsuit on your behalf if your auto accident personal injury claim is not settled out of court. Following the filing of your personal injury claim, the matter will proceed to the discovery phase. Our Oklahoma auto accident lawyers will gather information from the insurance defense lawyers during discovery in your Oklahoma auto accident lawsuit. The following are some of the things that the Oklahoma personal injury litigation discovery procedure allows for:
• Interrogatories: interrogatories are written questions that your auto accident lawyer will write and provide to you for approval before sending to the defendant’s insurance defense attorneys. The defense in your vehicle accident lawsuit must respond to the interrogatories under oath and within 30 days to your auto accident attorney.
• Requests for Production: In order to prosecute your Oklahoma personal injury auto accident lawsuit, you will need to obtain discovery, photographs, insurance policies, and other information from the defense. The defense must again produce or supply you with the desired evidence within 30 days and certify that it is complete under oath.
• Requests for Admissions: In your auto accident personal injury lawsuit, requests for admissions are a mechanism for obtaining precise fact admissions from the defense.
Your Oklahoma auto accident lawyer can and should conduct depositions of the defendant and other crucial witnesses in your case in addition to these discovery tactics. Moreover, throughout the discovery phase of your personal injury case, the insurance defense attorneys will most likely seek to depose you. In a deposition for a personal injury case, the attorney conducting the deposition has the opportunity to question the party being deposed, and every answer is recorded and under oath. The deposition can reveal and safeguard information in your personal injury case that can help you avoid summary judgment, prepare for trial, or support a favorable settlement.
Step Nine: Medical Examination for Auto Accident Defense
- What does an independent medical examination entail?
- In a personal injury case, what does IME stand for?
- In my personal injury case, do I have to attend an IME?
- Do IME doctors tell it like it is?
A personal injury Defense Medical Exam, also known as an Independent Medical Exam (“IME”), is available to the defendant in a personal injury case in Oklahoma. In a personal injury case, the defense may demand that the plaintiff be evaluated by their own doctor. The Independent Medical Exam cannot be excessively invasive, uncomfortable, obtrusive, or lengthy; nevertheless, there are few other limitations.
In ongoing treatment situations, when the plaintiff has sustained an injury that requires long-term therapy, independent medical examinations are prevalent. The defendant, or more often the defendant’s insurance defense attorney, will appoint doctors to conduct the Independent Medical Exam for the treatment issue raised by the wounded plaintiff, such as an orthopedic surgeon or neurologist, or in certain situations, numerous types of medical professionals.
The so-called “independent” medical examination (IME) is anything but. The IME doctor will frequently testify for the insurance company to support the insurance defense allegation that the plaintiff’s injuries are less severe than claimed.
Step Ten: Mediation in Auto Accidents
- What can I expect from mediation for a personal injury case?
- What happens during mediation for a vehicle accident?
- Should I go to mediation to resolve my automobile accident claim?
Following the completion of the discovery phase in your personal injury claim, the Court will almost certainly order you and the defense to attend mediation in your Oklahoma auto accident lawsuit before going to trial. If your vehicle accident claim continues to trial, your Oklahoma accident attorney will present your narrative, your injuries, and your best case for judgment at trial during mediation. Alternatively, to oppose your personal injury auto accident claim, the insurance defense attorneys will provide information that minimizes your claim for damages, muddies the water on the fault assessment, and uses other defense methods.
Typically, the parties meet with the mediator separately during a personal injury car accident mediation or any mediation in a lawsuit for that matter. The mediator will meet with you and your Oklahoma auto accident lawyer, then with the insurance defense attorneys and the defendant separately. The mediator’s purpose is to meet with both parties until they reach an agreement; however, the mediator cannot compel you to do so. Many personal injury vehicle accident claims, however, are handled through mediation.
Step Eleven: Jury Trial for an Auto Accident
- What happens during a jury trial for a car accident?
- In a personal injury lawsuit, how do juries decide on damages?
- Do the majority of car accidents end up in court?
- In a personal injury case, what do I have to prove?
If you are not pleased with the settlement offer made at the conclusion of mediation, your Oklahoma personal injury claim will go to trial. You and your Oklahoma personal injury attorney will have the burden of proof at trial to show the jury that the other party was negligent and that their negligence caused your accident and injuries. To establish negligence, you and your Oklahoma auto accident lawyer must show the following:
- The defendant, another motorist, failed to exercise reasonable caution; and
- Your injuries were caused by your inability to exercise common sense.
If the jury in your Oklahoma personal injury auto accident trial finds that the defendant was at fault for your accident and injuries, your Oklahoma auto accident lawyer must show the jury how much money you should receive in economic and non-economic damages.
After all of the evidence has been presented and both your personal injury lawyer and the defense have made their arguments to the jury, the jury will deliberate and complete a verdict form in your personal injury auto accident jury trial.
You will win the lawsuit and obtain damages in Oklahoma if you are not more at fault for the accident than the defendant. Your damages award would be reduced if the jury believes you contributed to the accident’s cause or were contributorily negligent. You will be able to recoup once the jury in your personal injury case has reached a decision.
Conclusion: The Process of Personal Injury in Auto Accidents
Your first steps following a car accident or a commercial truck accident will have a big impact on your prospects of getting the most money for your injuries, economic damages, and non-economic damages. Furthermore, being proactive in seeking medical attention, following through with your treatment, and hiring an expert personal injury auto accident attorney will help you preserve your claim and receive compensation for damages that will almost certainly affect your life.
How Can You Assist With Your Auto Accident Injury Claim?
Get proper medical treatment, follow your treatment provider’s treatment plan, protect yourself from the at-fault insurance company’s questions, and retain an experienced Oklahoma auto accident attorney to help you with your auto accident injury claim.
This is simply a basic overview of the steps involved in handling a personal injury vehicle accident claim and lawsuit. The Law Office of Dakota Low sincerely hopes that this introduction proves to be a helpful resource in your quest for just recompense for your injuries and other losses incurred as a result of your car accident. If you or a loved one has been injured in a car accident, it is critical to seek the advice of an experienced Oklahoma car accident attorney or motorcycle accident attorney.
Dakota Low: Oklahoma Auto Accident Lawyers
When you or a loved one has been hurt or killed as a result of someone else’s negligence in an Oklahoma car accident, experience counts. It’s critical to know that the Oklahoma auto accident lawyer you pick is committed to your cause and knowledgeable about all parts of Oklahoma auto accident law, personal injury procedure, and personal injury law.
Dakota Low is committed to providing careful, caring, yet tenacious representation to personal injury vehicle accident victims and will fight for you. Dakota Low, the firm’s founder, has been named Young Attorney of the Year by the Oklahoma Association for Justice, Oklahoma’s trial lawyers association, and one of Oklahoma’s Top Attorneys. In your personal injury vehicle accident case in Oklahoma, contact Dakota Low to safeguard your rights and fight for the compensation you need and deserve.