Hit-and-run accident injuries can have a lasting impact on your life; however, holding the liable party accountable can be challenging when the driver flees the scene. However, that does not mean you are without legal recourse. With help from an experienced and respected Ponca City hit-and-run accident attorney at BDIW Law advocating for you, you can breathe easier.
If our team takes on your case, you can rely on us to determine who to sue for your damages and maximize the compensation you win. Learn more about the value of your claim and the steps you must take to identify the driver who fled the scene when you contact our team for a free consultation.
Grounds for a Hit and Run Accident Claim in Ponca City
Many injury victims hesitate to contact a personal injury attorney for help. This is because they have concerns they will not have met the grounds necessary to take legal action against those responsible. However, the best way to find out what legal options are available to you is to contact a hit-and-run accident lawyer in Ponca City, OK, for help.
Generally, as long as your car accident attorney can show that someone else’s negligent actions were the cause of your injuries and damages, they can be held accountable. You might have concerns that your injuries are not severe enough.
However, the type of injury you sustained does not determine whether you can pursue legal action. The elements of negligence must be met which include:
- Duty of care
- Breach of duty
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Common Types of Hit and Run Injuries to Sue for
As can be seen, enduring life-threatening injuries is not a requirement to pursue a civil claim or insurance settlement. However, there are some types of injuries we see more often in hit-and-run accidents than others. These injuries include:
- Facial injuries
- Post-traumatic stress disorder (PTSD)
- Third-degree burns
- Penetrating brain injuries
- Traumatic brain injuries
- Spinal cord damage
- Abrasions and contusions
- Organ failure
- Internal bleeding
- Broken and fractured bones
- Neck and back injuries
If you were diagnosed with another injury we did not include above, you may still have the right to compensation for your losses. Your hit-and-run accident attorney in Ponca City, OK, will go over the various ways your life has been affected and gather compelling evidence against those responsible so we can prove negligence and maximize your award.
How to Identify the Liable Party After a Ponca City Hit and Run Accident
The only way your insurance or civil claims against the liable party can be successful is if your Ponca City hit-and-run accident lawyer can identify the driver that fled the scene. Thankfully, by working with the Ponca City Police Department, private investigators, and other law enforcement officials, the chances of uncovering the identity of the driver that hit you are high.
You can expect investigators to interview witnesses, examine traffic and dash cam footage, and evaluate other forensic evidence to find out the identity of the motorist who caused your injuries. Once we have identified them, we can proceed with your insurance claims and civil lawsuits.
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Crucial Personal Injury Laws in OK Impacting Your Case
As you move forward with your claims against the at-fault party, there are multiple Oklahoma personal injury laws you should be aware of. Most notably:
- Shared liability in Ponca City hit-and-run accidents
- Statute of Limitations for Oklahoma personal injury lawsuit
- Auto insurance laws in Oklahoma
Shared Liability in Ponca City Hit and Run Accidents
Oklahoma follows modified comparative negligence laws. Here, as long as your portion of the liability is not greater than 50%, you can still recover compensation for your suffering despite sharing fault. However, if your percentage of liability exceeds 50%, you will no longer have the right to compensation.
Additionally, you can expect your injury settlement to reflect a shared fault deduction. For example, if you were not wearing your seatbelt when you were hit by a driver that fled the scene, the judge might find you 5% liable for your injuries. If you were awarded $250,000, the settlement would be reduced by 5%, leaving you with a settlement worth $237,500.
Statute of Limitations for Oklahoma Personal Injury Lawsuits
The statute of limitations for personal injury claims in Oklahoma is strict. You will have up to two years from the date of your accident to file your claim.
However, the statute of limitations may not always be clear in hit-and-run accidents, as you must first identify the liable party. Your hit-and-run accident lawyer will ensure your claim is filed in time so you are not barred from pursuing your case at trial.
Auto Insurance Laws in OK
Oklahoma follows fault-based insurance laws. When you are hit by a driver that flees the scene, they will be held accountable for your damages. Instead of filing the claim with your own insurance company, if the liable motorist has auto insurance coverage, you file a claim with their insurer.
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The Value of Your Losses After a Hit and Run Accident in Ponca City
You can recoup every loss when a hit-and-run driver causes your injuries. This includes economic and non-economic damages. Examples of these losses include:
- Diminished value of your vehicle
- Healthcare costs and future medical expenses
- Loss of enjoyment of life
- Reduced earning capacity
- Loss of consortium
- Disfigurement and skin scarring
- Personal property damages
- Loss of income
- Physical pain and suffering
- Emotional distress
Call a Ponca City Hit and Run Attorney for Help Today
Your hit-and-run accident injuries do not need to take over your life. When you have help from a dedicated Ponca City hit-and-run accident attorney, you can focus on healing while your attorney works on building a case against the liable party.
Find out more about whether you meet the grounds necessary to pursue your case when you contact BDIW Law for a free, no-obligation consultation. You can reach us through our secured contact form or by phone to get started on your insurance and civil claims as soon as today.
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