After suffering critical injuries in a car accident, the last thing you want to have to do is bring your case to trial. While you are healing from your injuries, the thought of going to court and building a claim against the liable party can seem like far too much to take on.
However, in many circumstances, going to court is one of the best ways to ensure you are compensated for every loss. An experienced Oklahoma car accident lawyer at BDIW Law can help you get the most out of your claim. Here is more about what to expect if you need to bring your car accident keys to court:
When to File a Car Accident Claim
Generally, you have the opportunity to file a car accident claim anytime someone else is responsible for causing your injuries. However, immediately after your accident, this answer may not always be clear.
Motor vehicle wrecks can be caused by negligent driving, hazardous road conditions, malfunctioning car parts, inclement weather, and even wildlife. You may not be sure whether you have the right to file a car accident claim. The best way to find out is to contact an attorney who can go over the details of your case and discuss your legal options with you.
There it is not unusual for car accident victims to wonder whether they have the right to sue for specific types of injuries. But remember, it is not the type of injury you are diagnosed with but rather the impact your injuries have on your life that determines whether you can file a car accident claim. Some examples of injuries you might be able to sue for include:
- Facial injuries
- Dental injuries
- Traumatic brain injuries
- Soft tissue injuries
- Neck injuries
- Spinal cord injuries
- Back injuries
- Internal injuries
- Broken and fractured bones
- Emotional injuries
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You Could Avoid Court and File an Insurance Claim
You should consider whether you need to go to court to recover the compensation you deserve. You can avoid court by filing a claim with the insurance company. Oklahoma follows fault-based insurance laws. So when you are involved in an accident, you can file a claim with the liable party’s auto insurer or general liability insurance provider.
However, you can also file an insurance claim if you decide to purchase no-fault or personal injury protection (PIP) coverage when you set up your personal auto insurance policy. However, do not be surprised if your attorney recommends holding off on filing a claim with your insurance company.
Since insurance companies are profit-driven, they make money by paying out less on claims than they bring in through premiums. If you file a claim with your insurer, you will almost certainly need to pay extra premiums when your policy renews.
Common Damages Insurance Settlements Cover
When you file a car accident claim with the insurance company, there are specific types of damages the insurer will be required to cover. The types of coverage the policyholder has in place will determine which types of damages can be recouped through your insurance settlement.
For example, Oklahoma law requires motorists to carry a minimum of $25,000 per person and $50,000 per accident and bodily injury liability coverage. This will cover an injury victim’s medical expenses in the event of an accident. Alternatively, Oklahoma law requires motorists to carry at least $25,000 per accident in property damage liability coverage. This is designed to cover the costs of any damages to the injury victim’s vehicle.
Those are the only two types of auto insurance coverage required by law. Uninsured or underinsured motorist coverage, gap insurance, rental car coverage, and other types of insurance are not mandated. This means it is possible the insurance company will not be ordered to compensate you for every loss but only those covered by the policy in question.
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What Happens if Your Insurance Settlement Is Not Enough
Thankfully, just because an insurance settlement may not be enough to cover your losses, this does not mean you are not without additional legal options. If your insurance settlement is insufficient, you should be prepared to go to court. We know you were hoping to avoid a trial, but in some cases, it is necessary to recover your damages in their entirety.
When you file a civil lawsuit, there are no restrictions in the same way there are for insurance claims. You have the right to be made whole when your case goes to trial, so you can recover compensation for every single way your life has been affected by your damages. As of 2019, there is no cap on the amount of compensation you can win when you file a personal injury lawsuit in Oklahoma civil courts.
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Make Sure You File Before the Statute of Limitations Expires
If you are ready to take action and fight for the compensation that is yours, you must do so quickly. Although we do not want to pressure you into moving forward with your place before you are ready, the statute of limitations is already counting down.
This is the amount of time you have to file your claim. If it is not filed before this deadline passes, you will be barred from pursuing your case at trial. You have a maximum of two years from the accident date before the statute of limitation runs out. The sooner you get started, the better.
Contact a Car Accident Lawyer in Oklahoma for Help Today
Although you do not always need to bring your car accident case to court to maximize the compensation you win, in many cases, insurance settlements are not enough. If your Oklahoma car accident lawyer at BDIW Law suggests going to trial, you can feel confident in your opportunities to maximize the recovery of your damages.
To learn more about what legal options are most suitable for your case, do not hesitate to contact our team for a free, no-obligation consultation. BDIW Law proudly offers complimentary case evaluations to car accident victims across the state. Take advantage of this opportunity by completing our quick contact form or calling our office today.
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