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What Kind of Damages Can I Claim in an Accident?

On behalf of Brad Wicker of BDIW Law posted on Friday December 4, 2020.

If you have been injured in an accident caused by someone else’s negligence, you may be entitled to compensation for your injuries and other damages. Depending on the severity of your injury and the circumstances of your case, your expenses could total thousands of dollars.

Naturally, as an injured victim of a car accident, you may be wondering what kind of damages you can claim as part of your personal injury claim. Since every case is unique, it is important to consult with an attorney to review your particular situation and determine what kind of damages are recoverable in your case.

Schedule a free phone consultation with our Tulsa car accident attorneys at BDIW Law to determine what types of damages are available in your particular situation and discuss how you can maximize your compensation.

How to Recover Damages After a Car Accident in Oklahoma

Since Oklahoma is an at-fault auto insurance state, an injured person has three options to seek compensation for damages following a car crash:

  • Filing a first-party claim with their own insurance company;
  • Pursuing a third-party liability claim against the at-fault driver; and
  • Filing a lawsuit against the other motorist.

Filing a First-Party Claim

While this option may not be available to everyone, you could file a first-party claim with your own insurance company if you were involved in a car crash, regardless of fault. There are two types of optional insurance coverage that your own insurer may provide following a motor vehicle accident in Oklahoma:

  • Collision coverage covers the cost of repairing or replacing your vehicle. This coverage would pay for a replacement vehicle if the car involved in the car was totaled.
  • Medical payments coverage pays for any medical expenses associated with your injury following the crash. You can receive compensation up to the policy limits. Also, the coverage covers any passengers who were injured in your vehicle at the time of the crash.

Pursuing a Third-Party Liability Claim or Filing a Lawsuit

Typically, the damages that may be recoverable through your own insurance company are very limited. While your insurer may cover some of your property damages and medical bills associated with the accident, it will not pay for your pain and suffering, loss of income, and many other economic and non-economic damages.

In order to obtain the full compensation for your injuries and damages, you may have to file a third-party liability claim against the at-fault party’s insurance company or pursue a lawsuit against the driver.

Under 12 OK Stat § 12-95, injured parties have two years from the date of the injury to file a lawsuit against the at-fault party. The time limit is known as the statute of limitations.

What Kinds of Damages are Available in Car Accident Cases in Oklahoma?

If you were injured in a motor vehicle accident in Tulsa or other parts of Oklahoma, these two kinds of damages might be available in your case:

  • Economic damages, also known as special compensatory damages. These damages include medical bills, the cost of repairing or replacing a vehicle or other types of property, lost wages, and other monetary losses.
  • Non-economic damages, also known as general compensatory damages. These include mental anguish, emotional distress, pain, suffering, loss of enjoyment of life, and others. Non-economic damages are very subjective in nature because you cannot put a price tag on these losses.

It is vital to speak with a knowledgeable motor vehicle accident attorney in Tulsa to determine what kind of damage you could claim in your particular case. Schedule a free consultation with our lawyers at BDIW Law by calling at 580.765.9660.