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Ponca City Personal Injury Law Blog

Are There Trial Alternatives in Oklahoma?

Movies and TV series show lawyers delivering show stopping arguments at trial, thereby securing big wins for their clients, but that is not how most legal cases turn out, especially not personal injury cases.

Is the Rider or the Company Liable in a Bike Share Accident?

The bike share company is only liable if a defect in the bicycle contributed to the accident; otherwise, the money for your accident-related medical bills could come from the at-fault driver’s insurance or your own MedPay insurance or underinsured motorist coverage.

OK Ends Damages Cap on Pain and Suffering

In a personal injury lawsuit, the plaintiff is trying to prove that the defendant’s negligence caused the plaintiff’s injuries. The economic damages the plaintiff is seeking are past and future medical expenses and past and future lost income.

What Can I Do If My Insurance Company Denies My Workers’ Comp Claim?

Getting workers’ compensation to cover your medical bills for a work injury or occupational disease is supposed to be easy, but sometimes employers and their workers’ compensation insurance companies go out of their way to pay injured workers as little as possible.

How Will Car Sharing Affect Personal Injury Claims?

TV commercials for personal injury law firms assure you that a car accident lawyer can help you get money to pay the medical bills associated with the injuries you sustained in the accident, but it is only when you meet with a lawyer that you find out that determining whom to ask for the money is not as simple as it seems.

New Bill Protects Drivers Who Crash Into Protestors

In April 2021, Oklahoma Governor Kevin Stitt signed into law House Bill 1674, which protects from civil and criminal liability a driver whose motor vehicle hits pedestrians at a protest demonstration, provided that the driver hit the pedestrians unintentionally and that the driver was driving near pedestrians in order to escape the threat of violence from a riot.

Can I Approach a Witness to a Car Accident?

There is no harm in approaching people who witnessed your car accident and asking for their contact information, but the most valuable evidence will come from people who were in the car without you and those who treated you for your injuries.

Steps to Take after a Semi-Truck Accident

Local drivers are used to encountering semi-trucks in traffic, but few are aware of the risks they pose. Semi-truck accidents in Tulsa are common and often leave the motorists involved with serious personal injuries.

New Oklahoma Law to Make it Easier for First Responders to Receive Workers’ Compensation for COVID-19

A new Oklahoma law, which was filed on February 1, 2021, would change the rules for obtaining workers’ compensation benefits for first responders who acquire COVID-19 while performing their duties.

Witnessing an Accident

If you witnessed a car accident in Oklahoma, chances are you do not know what to do next. Witnessing an auto accident can be a stressful experience. The primary thing you need to think about is your own safety.

Can Federal Employees Seek Workers’ Compensation if They Contract COVID-19 at Work?

Federal employees are seeking workers’ compensation benefits for contracting COVID-19 at work. In July 2020, the U.S. Department of Labor Office of Inspector General Audit issued a report saying that about 4,000 federal employees sought workers’ comp benefits on the grounds that they contracted COVID-19 in the workplace.

Steps to Take After a Car Accident

Even the most careful and attentive driver can get into a motor vehicle accident. Following an auto accident, it is not uncommon for people to panic and lose their cool.

How Much is My Claim Worth?

If you have sustained an injury in a car crash in Oklahoma City or other parts of the state, hospital and medical bills can add up quickly.

Self-Driving Trucks Changing Industry?

However, as testing continues on public roads with civilians, there are considerable safety questions. Self-driving technology for large trucks carries many of the same risks as it does for passenger vehicles.

Do I Need a Personal Injury Lawyer?

It is important to ask yourself whether you need a lawyer to assist with your personal injury case, but some crucial information should persuade you that hiring legal counsel is the best move.

3D Printing and Personal Injury

3D printing offers a wide range of capabilities for any industry, but you might be surprised to learn the role it can play to support the claims of accident victims. See how.

New Tech Fights Truck Driver Fatigue

In response to the truck driver fatigue, some companies are creating and actively promoting devices that can alert truck drivers when they have become too tired to safely operate the vehicle.

Job Following COVID-19 Safety Protocol?

As experienced Tulsa, OK employment law attorneys, we want you to be aware of your rights in this situation and the guidelines that must be followed to prevent the spread of COVID-19 in your workplace.

Who is Liable if an Employee Gets Sick by a Coworker? Company or Employee?

While stay-at-home orders have been lifted and life is slowly beginning to return to normal, it is important to be mindful that case counts of COVID-19 in Oklahoma continue to climb. Those returning to work have valid concerns regarding the transmission of the virus between employees.

Workers’ Compensation and Employment Stance in the COVID-19 Pandemic

As the state begins the slow process of reopening, many are being called back to work. At the same time, new cases of COVID-19 continue to be reported each day. The changing natures of the situation has people collecting workers’ compensation benefits and those seeking to file claims rightfully concerned.

If You Lost a Close Family Member to COVID-19, Learn about Your Legal Rights

Hundreds - if not thousands - of people are tragically succumbing to COVID-19-related conditions each and every day in the United States. Losing a loved one while you are prohibited to see them in the hospital only adds to the grief experienced by families in Oklahoma and throughout the U.S.

Lawmakers File New Workers’ Comp Bills

Earlier in 2020, lawmakers in Oklahoma introduced 17 pieces of legislation aimed at reforming the state’s workers’ compensation laws. In the months since, several of the bills have passed while others remain pending. Our Oklahoma City workers’ compensation attorneys detail some of the proposed changes and what they could mean for you.

What Damages can I Claim for a Slip and Fall?

Slips and falls that occur in public places can leave you suffering serious injuries. While often referred to as ‘accidents,’ they are generally caused by the reckless and negligent actions of property owners. In this situation, you are entitled to compensation for the losses you suffer.

Fast Facts for Motorcycle Awareness Month

As the wet, dreary weather of spring gives way to the dry, sunshine-y weather of summer, more and more motorcyclists are taking to Oklahoma roads. While there is nothing wrong with motorcycling, motorcycle operators and vehicle operators alike need to be aware of the very real dangers of the activity. Motorcycle Awareness Month strives to raise awareness on the matter.

OK Employment Law Panel on Coronavirus

As coronavirus cases continue to climb in Oklahoma, the pandemic is having a dramatic impact on local businesses. State and federal laws have been revised to reflect the changing situation.

Amazon Workers Fear Workers’ Comp

Amazon has been in the news a lot lately, especially with concerns about warehouse accidents and workers’ compensation claims. Amazon prides itself on keeping on top of its tight delivery dates, ensuring consumers get their products right away.

What is a Lien and How Does it Affect My Workers’ Comp?

If your Oklahoma employer is bound to provide workers’ compensation coverage, then you are entitled to those benefits if you are injured in the course and scope of your employment. However, if you receive financial compensation from a third party in relation to this injury, then your employer also has the right to recover paid workers’ compensation benefits back.

Could Medical Marijuana Impact Workers’ Comp?

In 2018, Oklahoma’s legislature legalized medical marijuana. Unlike other states, anyone who has a prescription from a physician can purchase and consume medical marijuana in any form. The law does not limit the use of medical marijuana to only certain conditions or certain forms, such as only allowing CBD oil.

Will Driving High Cost Me a DUI?

Driving under the influence of alcohol is a very serious crime in Oklahoma. It can result in jail time, high fines, and even a driver’s license revocation. However, these laws do not only apply to driving under the influence of alcohol in the state.

If a Passenger Distracts a Driver Verbally or Physically, Who is at Fault?

When an accident occurs between two vehicles, it is natural to assume that one of the drivers is at fault. In most cases, this is true. Drivers are typically responsible for ensuring they are driving in a safe manner, and that individuals in their vehicles are also acting responsibly.

Insurers Uncertain When It Comes to Safety of Self-Driving Vehicles

In recent years, there has been a steady push for increased automation in newly manufactured vehicles. Self-driving cars and those with advanced crash avoidance systems are flooding the market and promise to reduce motor vehicle accident rates. Insurance companies are not yet convinced.

What to do if You Fail a Field Sobriety Test

It is every driver’s worst nightmare: You are headed down the road when you spot red lights flashing in your rearview mirror. You pull over and the officer asks you to get out of the vehicle. If you are suspected of being under the influence of alcohol, the officer will likely administer field sobriety tests. If you fail these, you will be placed under arrest and charged with a DUI.

On November 1, Some Oklahoma Prison Inmates May be Eligible for Release

In 2016, state voters approved a measure that reduced most drug possession offenses to misdemeanors and doubled the felony threshold for property crimes. Now that Governor Kevin Stitt has signed enabling legislation, that measure goes into effect.

How Beneficial are Dash Cams?

When motor vehicle accidents occur, it is often due to the reckless behavior of one of the drivers involved. In these cases, you may be entitled to injuries you suffer either through an insurance claim or personal injury lawsuit. Dash cams provide valuable evidence of how the crash occurred in these types of cases. They can also help improve your driving skills, preventing collisions from occurring.

Reckless Driving is More Dangerous Than It Sounds

Driving a car is a complex task and nothing to take lightly. Considering the sheer number of other people on the road and the speed at which most vehicles are traveling, not taking the proper precautions and engaging in reckless behaviors can put you, your passengers, and others at risk. Reckless driving is a leading cause of motor vehicle accidents and can leave victims suffering from serious and often life threatening injuries.

Did the Pedestrian Cause the Accident?

Pedestrian accidents are an unfortunately common occurrence, both in Ponca City and throughout Oklahoma. With little to protect them in the event of motor vehicle accidents, the injuries pedestrians suffer have a tendency to be severe. While motor vehicle drivers are generally assumed to be at fault in these collisions, the fact is that there are actions the pedestrian may have taken which increased their risks or contributed to the crash.

Common Distracted Driving Behaviors

Many of us lead busy lives and have hectic schedules. Having to juggle your time and multitask at home, work, or in your personal life is common. Unfortunately, this can easily leave you feeling distracted, drained, and generally out of focus. It can also make you more susceptible to accidental injuries and is particularly dangerous when behind the wheel.

Getting a Medical Marijuana Card Can Affect Your Gun Rights

The right to use marijuana for medicinal or recreational purposes is one of the most hotly debated issues of our time. While many states, including Oklahoma, do permit it for certain medical uses, federal laws still categorize it as an illegal substance.

Avoid Insurance Fraud

When accidents involving injuries or property damage occur in Oklahoma, you may be entitled to compensation through an insurance claim. In these situations, it is important to seek help from our experienced Ponca City injury attorneys first, before making any statements to the insurer or their representatives.

Oklahoma Supreme Court Strikes Down Lawsuit Cap

Personal injuries can be caused by a number of different factors. Motor vehicle accidents, slips, trips, or falls, and getting struck by or against objects are all common examples of accidents that result in injury. When these types of injuries do occur, you may be entitled to compensation for your losses through a personal injury lawsuit filed against the at-fault party.

Should I Go See an I.M.E After I am Injured at Work?

When on-the-job injuries happen, the impact on every area of your life can be severe. Even relatively minor injuries can prevent you from working while leaving you to face ongoing medical debts. In these situations, Oklahoma workers’ compensation benefits can provide financial security as you recover.

Common Workplace Safety Violations

Work-related accidents and injuries can happen in any career field and on any type of job site. There are some occupations that are inherently more dangerous than others, however. In these situations, safety rules and regulations are put in place to protect employees.

Are You Still Protected with a Medicinal Marijuana Card Out of State?

Laws permitting the medicinal use of marijuana are sweeping the country. That said, while medical marijuana became legal in our area back in 2018, some states are still lagging behind. If you have a medical marijuana card, you may consider yourself entitled to use it in other places.

Who is Liable for an Accident in a Self-Driving Car?

Self-driving cars have been making headlines across the nation. Originally heralded as a way to help reduce the high number of motor vehicle accidents that occur each year throughout the country, they are now the subject of controversy after a series of tragic and high-profile accidents. In a typical crash, drivers are generally liable for any injuries that result.

Are DUI Checkpoints Legal in Oklahoma?

Drunk driving is a common problem throughout Oklahoma and puts the driver and other motorists on the road at risk for potentially serious car accidents and injuries. For this reason, law enforcement officials are aggressive in apprehending offenders while prosecuting attorneys do their best to make DUI charges stick.

Is it OK to Fly with CBD Oil?

There are numerous scientists, researchers, and health care professionals who attest to the medicinal properties of the cannabis plant. In addition to medical marijuana, cannabis-based products have become increasingly popular.

Who is Eligible to Receive Social Security Disability Benefits?

Social Security Disability is a government program that pays monthly benefits to individuals who become disabled before they reach retirement age. The average person receives $1,234 per month in benefits, but the maximum one can receive is $2,861.

Do Injured Passengers in Car Accidents Have Rights?

A vehicle passenger who sustains injuries in a car accident generally has an easier time recovering compensation for injuries than the drivers of involved vehicles. This is because the passenger does not have to prove fault — one of the drivers was at fault, so one of the drivers' insurance companies needs to foot the bill.

How Often do SSD Benefits Get Denied?

If you recently applied for Social Security Disability benefits, and if your claim was denied, you may feel hopeless and unsure of where to turn next for help. Though it may be difficult to not feel forlorn right now, remember that millions of people find themselves in the same situation each year.

Steps to Take if the Insurance Company Refuses Your Workers' Compensation Claim

The workers' compensation system is a no-fault system, meaning an employer's workers' comp insurance company must pay out a claim regardless of whether or not the employee is responsible for his or her own injuries.

Is There a First-Time Offender Program in Oklahoma?

Diversion programs are programs that offer first-time offenders, minor offenders, youth, and mentally unwell individuals the chance to receive treatment and/or right their wrongs outside of jail. If an offender successfully completes a diversion program, he or she may receive a reduced or deferred sentenced, or the judge may dismiss the charges entirely.

Can Your Social Media Accounts be Used in a Criminal Case?

"What you say can and will be used against you…even if you said it online." That is not necessarily how the law reads, but it should. According to an attorney quoted by Forbes, social media is evidence and it is discoverable.

How Attorneys Can Help With Denied Workers' Compensation Benefits

When an Oklahoma worker sustains in injury on the job, workers' compensation should cover the damages. This is true regardless of who is at fault for the incident, which is one way in which workers' comp claims differ from standard personal injury claims.

How Long Does it Take to Settle an Injury Case?

If you or a loved one sustained an injury because another person or party acted negligently, you may wish to recover compensation from him or her. Said compensation can be used to cover your medical expenses and costs of living while you recover and try to get back on your feet. However, while the law is generous in that it does provide the option to sue for remuneration, the judicial system is notorious for doling out justice in a painfully slow manner.

Do I Need an Attorney if I am Injured in a Truck Accident?

If you or a loved one was involved in a truck accident in Oklahoma, you know just how devastating truck accidents can be. Truck accidents often result in severe, debilitating, and lifelong injuries, if they do not result in death.

Does the Possession of Cannabis Oil and Marijuana Carry Different Charges in Oklahoma?

Despite the numerous touted medical benefits of medical marijuana, the drug is still illegal in any form and any amount in Oklahoma, save for in select few circumstances. If a police officer catches you with the drug, the state may charge you with misdemeanor possession.

What Happens if You Refuse a DUI Test in Oklahoma?

Oklahoma, like all other states, has what are known as "implied consent" laws. Per these laws, any person who operates a vehicle in the state is considered to have given consent to a blood alcohol concentration test, or breath test, if requested of him or her.

Numerous Pedestrian Accidents Involving Distracted Drivers

It is no secret that distracted driving has become more than just a nuisance – it has become a downright danger. That said, most campaigns geared toward putting a stop to distracted driving show vehicle occupants and drivers as the victims.

Assigning Fault for a Rear-End Collision

In any Oklahoma car accident claims case, the goal is to figure out who is at fault, or who was careless. In some cases, fault is not so obvious, and it takes a thorough investigation and a lot of back and forth to determine liability. In other cases, however, fault is obvious. One such case is a rear-end collision.

What is the Difference Between a Workers’ Comp and Personal Injury Claim?

If you sustain an injury at your Oklahoma place of work, you may wonder if you should file a workers' compensation claim or a personal injury claim. You may also wonder what the difference is between the two.

Should I Take Pictures After a Car Accident?

Because Oklahoma is an at-fault insurance state, the insurer of a party who caused a car accident is financially responsible for damages. While this is great in that it holds the liable party accountable for his or her reckless behavior, it can pose some complications for the victim.

When it Comes to SSD Benefits, What Constitutes a Disability?

YIf you or a loved one is unable to work because of a disabling injury or condition, you may wish to find a financial assistance program so that you can pay your bills, put food on your table, and live in comfort regardless of your inability to work.

Can You Get Unemployment if You Quit Because of a Hostile Work Environment?

Generally speaking, you can not collect unemployment if your unemployment is the result of your own doing. "Quitting" would be considered the result of your own doing, in most cases.

Can I Get Fired While on Workers’ Compensation?

You slipped and fell on the floor at work, breaking your arm. You informed your employer and filed a workers’ compensation claim. You thought everything was fine until you received a notice from your employer a month later stating that you had been laid off.

What Happens if I Refuse a Breathalyzer in OK?

If you were injured on the job, you may assume that you are automatically entitled to workers' compensation. This is not necessarily true. While most on-the-job injuries are eligible for workers' comp, there are some—such as those caused by your own negligence, or those caused by unrelated third parties

Do I Have a Workers' Comp Claim?

If you were injured on the job, you may assume that you are automatically entitled to workers' compensation. This is not necessarily true. While most on-the-job injuries are eligible for workers' comp, there are some—such as those caused by your own negligence, or those caused by unrelated third parties

Researchers reveal a link between brain injury and gut damage

Medical professionals and researchers have known for some time that TBI (traumatic brain injury) affects the gastrointestinal tract. However, it is only recently that these professionals have discovered that the link between brain injury and gut damage goes both ways.

A recent study involving mice with an "experimental TBI" revealed that the injured animals experienced long-term changes in the colon over a month-long period following the injury. Interestingly, the study also found that the gastrointestinal dysfunction experienced by these mice increased "posttraumatic brain inflammation and associated tissue loss."

Take action to seek justice for your loved one's untimely death

Losing a loved one is emotionally draining during any part of the year, but it seems like the impact is greater when the holidays are near. For the men and women who have lost someone they love during this part of the year, it might be very painful to think about having to navigate these special days so close to the death.

We understand that you might feel hurt and angry that your loved one died. You might not be able to handle the stress that has come into your life because of the unexpected death. We are here to help you determine what types of legal actions you can take to seek justice for your loved one's death.

Grief can make the holiday season unbearable

Losing a loved one during the holiday season is difficult. When the death is unexpected, the grief that you experience might be enhanced. You will need to try to find ways to work through the grief so that you can move along with the holiday traditions.

One thing that people usually do that can make the holidays more difficult is trying to forget their loved one. This isn't going to help you at all because it forces you try to keep your emotions hidden. This can cause them to bubble up and come out when you don't want them to.

Stay safe while driving around to get holiday errands done

As you are moving around to get your holiday shopping done, you might realize that some drivers are being aggressive and aren't paying much attention to what is going on in traffic. This is something that can lead to car crashes that cause injuries or deaths. Trying to stay safe should be a priority of the season, but many people are too focused on rushing to run their errands.

When a driver does drive in an unsafe manner, he or she should be held liable for the damages that he or she causes. One way that innocent victims of these crashes might do this is by seeking compensation. We can help you learn about the ins and outs of filing your claim.

Post-traumatic stress disorder might occur after a bad car crash

You might associate post-traumatic stress disorder (PTSD) with military service during a time of war or similar events. Did you know that PTSD can also occur after a car crash? If you've never considered that possibility, you should understand that this is a very big concern for some victims.

Several points impact the likelihood that someone will suffer from PTSD after a car crash. The severity of the crash, the type of injuries and the time it takes the person to heal after the crash are all on the list. A serious crash or one that involved a fatality is more likely to lead to PTSD than a crash that resulted in only property damage.

Finances and independence are impacted by a spinal cord injury

Throughout each day, you count on your back to help you do tasks. Without your back functioning properly, you probably couldn't do all the things you do now. Many people don't think about how much of an impact any sort of back injury can have on their lives, but there are some real limitations that you will face if your back is injured.

Your spinal cord runs down your back. If this is injured, you might be facing permanent effects. Your way of life could be forever altered. In some cases, this will cause paralysis or other impacts that leave you dependent on other people for the rest of your life. This is a troubling thought for people who have always been very independent.

Spinal shock can make a spinal cord injury seem worse than it is

Any spinal cord injury is a frightening experience for the victim. Just the thought of having to live with paralysis or other serious symptoms is enough to instill fear in your heart and mind.

One thing that might make you worried immediately after the injury occurs is spinal shock. This is a medical issue that causes a temporary, yet scary, paralysis in the area below the injury. In most cases, spinal shock will abate in the days after the injury. You might also experience a loss of sensation in the area when this occurs.

Teens are often greatly impacted by traumatic brain injuries

As we recently discussed, brain injuries can occur when a teen is involved in a car crash. The effects of these injuries can be devastating for a teenager. When you think about it, you can see why someone in this age group might feel like his or her life is ruined by this type of injury.

We know that parents of teens are also troubled about the thought that one accident can impact their teen in such a considerable way. This is a thought that parents shouldn't ever have to have, but you can't always control accidents.

Teen drivers must be carefully monitored

Teens who are involved in a car crash might suffer from a traumatic brain injury (TBI). This is something that isn't guaranteed; however, it is a good possibility. A TBI occurs when the brain is moved in unnatural ways by the force of the crash.

The impacts of TBIs can be serious. In fact, there are some instances in which the effects of the injury aren't ever able to be overcome. This would mean that a teen who suffers from this type of injury might not ever fully recover. The rest of the teen's life could be filled with hardships because of one single accident.

Semitruck crashes are often horrific with long lasting impacts

Semitruck crashes are that can especially horrific. These very large and heavy trucks slamming into a much smaller and lighter vehicle can lead to damage and injuries that are catastrophic. For the people who are victims of these crashes, the horrors of the accident aren't going to go anywhere fast.

We understand the trauma that you went through. We want you to know that you can take action to hold the liable party accountable for his or her actions that led to the accident. What you might not think about right away is that the liable party might not be the trucker who slammed into you.