Numerous factors impact Oklahoma personal injury settlements
Unintentional injuries are a leading cause of fatalities and injuries in the US, and there is a wide range of accidents that impact victims. The US Centers for Disease Control and Prevention (CDC) reports that almost 24 million people are injured, while another 214,000 are killed because of motor vehicle collisions, slip and falls, medical malpractice, and many other types of accidents. You might realize that you have legal remedies under Oklahoma law, and that you could be entitled to compensation for your losses. What you may not know is that many of these cases settle without ever going to court.
There are numerous benefits of settling, as long as the amount is fair. Not only do you avoid the stress of a trial, but you get a sense of certainty knowing the outcome. However, there are many factors that go into deciding settlement. Though your Tulsa, OK personal injury lawyer will handle the details, you should at least be aware of the key points.
- Negligence by Both Parties: Most accident claims are based upon the concept of negligence, which requires you to prove that the at-fault party breached the duty of care that applies to the situation. Still, your own conduct is also a focus. If you were also negligent, your compensation could be reduced. This will be a consideration during settlement discussions.
- Victims’ Losses: Damages in a personal injury case aim to reimburse victims for losses, including both financial consequences and impacts on quality of life. Settlement negotiations will center on what amount would be sufficient to make the victim whole and as if the accident never happened. Your medical bills and lost wages should be covered according to dollar value. Losses for pain and suffering, emotional distress, and disfigurement are more subjective, but still compensable.
- Strength of Evidence: From the above, you can see that solid proof is essential for both establishing fault and calculating damages. As such, the strength of your evidence will play an important role. Fortunately, proving economic losses is relatively straightforward: Medical records, invoices, and bills reveal the costs related to treating your injuries; paystubs will help prove lost income.
However, noneconomic damages like pain and suffering are more challenging. They are personal and subjective for the victim. In most cases, you will require a medical expert to establish your rights.
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Your Choice of Attorney
Finding the right fit with legal representation is also a crucial factor for settlement. When researching lawyers, consider:
- Years of experience practicing in the area of personal injury law;
- How many cases the candidate has settled versus taken to trial;
- What percentage of cases are personal injury, as compared to other practice areas.
Get in Touch with Our Tulsa, OK Personal Injury Attorneys Right Away
If you were hurt in an accident, please contact Boettcher, Devinney, Ingle & Wicker to discuss the settlement process and factors that affect it. We are happy to set up a no-cost case assessment with an experienced Oklahoma personal injury lawyer who will advise you.
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