No matter what kind of car accident you’ve recently found yourself in, negligence likely played a role. Drivers who engage in negligent behavior behind the wheel can cause multi-car pile-ups and dramatically change your financial plans for the immediate future. Fortunately, you can hold these drivers accountable for that misconduct courtesy of a civil car accident claim.
Of course, it’s not always driver negligence that causes a car accident. If you want to hold the right party responsible for your losses, you need to know which parties Oklahoma’s civil system allows you to bring to court. You can work with a BDIW Law car accident lawyer in Oklahoma to investigate your losses and present an accurate legal claim to the applicable parties.
The Oklahoma Car Accident Statute of Limitations
Oklahoma civil courts place a time limit on your right to file a personal injury case. If you were injured in an Oklahoma car accident, your civil complaint must appear before applicable parties within two years of the day your crash took place. The state outlines this statute of limitations in Oklahoma Statutes §12-95.
The statute of limitations on personal injury cases strives to keep the cases that come before civil judges in Oklahoma up-to-date. The longer you wait to file your case, the more muddled bystanders’ memory of events can become. Similarly, evidence can fade over time, and records may get lost.
Contact our attorneys if you’re concerned about your ability to file a complaint within this deadline. We have the experience to stay on top of your filing due dates without adding undue stress to your life.
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Acting Within the Statute of Limitations
To make the most out of the time allotted for your case by the state of Oklahoma, you need to file a comprehensive personal injury complaint. You should specifically spend the two years allotted to you:
Gathering Evidence of Negligence
As a car accident survivor, it’s your responsibility to name the party you believe to be liable for your losses. This party can be:
- Another driver
- Truck drivers
- Corporate employees
- Automotive manufacturers
- Automotive mechanics
However, every claim you make regarding the identity of an at-fault party and their negligence needs to be backed by evidence. A civil court can dismiss that claim if you cannot present data supporting your argument. Fortunately, there’s a range of data that you can bring forward when building your initial complaint.
You can present:
- Audio, video, and still footage depicting your accident
- Bystander testimonies
- Expert witness statements
- Records of debris
- Black box data, if applicable
- Police reports
- Medical reports
The responsibility for gathering this information falls on your shoulders, as you are the party expected to fulfill a certain burden of proof if you want to demand damages for your losses. That does not mean you have to return to the scene of an accident alone.
An Oklahoma car accident lawyer can do the legwork for your case for you, particularly if you’re still recovering from post-accident injuries.
Calculating the Sum of Your Car Accident Losses
Car accident claims help you secure the funds you need to recover from your accident and its related bills. You can’t know what damages to demand, however, if you don’t establish the value of your case. Fortunately, you can work with our team to calculate the total value of your recent accident. Our team finds the sum of your:
- Medical expenses
- Lost property
- Property repair
- Lost wages
- Emotional distress and mental anguish
- Pain and suffering
Once this sum is calculated, we can defend your right to a fair settlement in negotiations or before a judge.
Negotiating a Car Accident Settlement
Regardless of whether an individual or an institution is to blame for your losses, that party can reach out to you after a car accident to offer you a relevant settlement. These offers can sometimes come before you’ve had time to fully recover or reach out to an attorney.
At first glance, car accident settlement offers can feel like the fix-all for your accident. These settlements allow you to benefit from someone else’s financial assistance without going to court. Some insurance providers or liable parties may bank on that convenience and offer you a lower settlement in hopes you won’t question the amount for the convenience.
That’s why bringing a settlement offer to an experienced law office is always in your best interest. We can compare your offer against our own estimate of your car accident’s value. If the settlement appears fair, we can help you move forward. Alternatively, we can challenge the settlement offer and negotiate for more while additionally preparing you for trial.
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What to Expect if Your Case Goes to Trial
If your car accident case goes to a civil trial, you and your attorney must uphold a burden of proof to the judge and the attending jury. In doing so, you need to present evidence indicating that the named defendant bears the responsibility for your losses. You begin this process via discovery and lead into:
- Opening statements
- Examination of evidence
- Closing statements
- Deliberation and verdict
Oklahoma car accident attorneys are fierce advocates for our clients, to the point where defense attorneys often call us “difficult to work with.” Our team takes pride in knowing your post-car accident rights and defending those rights to the utmost of our ability. We will not back down until a judge and jury understand the trials you’ve gone through since your accident.
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Let Us Help You Recover from a Car Accident
There’s a decent chance that everyone on the road will be in a car accident at some point in their lives. That reality, however, does not excuse roadway negligence. If you can trace your accident and its related losses to another person’s unreasonable misconduct, Oklahoma law gives you the right to take legal action against the party.
If you’re unsure where to start or want help navigating the days immediately following your car accident, contact BDIW. Our car accident attorneys in Oklahoma can represent you in front of police officers, insurance providers, and a liable party. You can contact us online or reach out over the phone during our operating hours to schedule a free consultation with our team.
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