To file a car accident lawsuit in Oklahoma, you must determine the cause of your accident and the parties liable for your damages, file a claim with the at-fault parties’ insurance companies, and, if negotiations fail, you will prepare and file a formal petition with the appropriate court before the statute of limitations expires, which is typically two years after your accident.
While you can file a car accident lawsuit in Oklahoma yourself, your chances of a successful outcome are much greater if an experienced Oklahoma City car accident lawyer represents you.
When You Need to File a Car Accident Lawsuit in Oklahoma
Most car accident claims in Oklahoma settle without ever filing a lawsuit. Even if you file suit, your case is likely to settle rather than go to trial. Your attorney will begin the legal process by filing a claim with the at-fault driver’s insurance company, submitting a demand package that includes medical records, bills, proof of lost wages, and other evidence proving causation, liability, and the value of your damages. The insurance company must respond to your claim by either denying it, requesting additional information, or making you a settlement offer.
However, insurance companies often use unfair tactics to try to deny, delay, and devalue your claim. They may also make a settlement offer that is far below the actual value of your damages. They hope that you will accept a low settlement offer out of desperation or because you have not retained an attorney and learned the actual value of your claim.
When settlement negotiations break down, filing a lawsuit is necessary to protect your rights and seek the compensation you are entitled to.
Oklahoma’s Statute of Limitations For Car Accident Lawsuits
Oklahoma law has established a two-year statute of limitations for car accident lawsuits. That means you have two years to file suit after your accident. If you miss this deadline, you will be barred from seeking compensation for your damages.
However, there are rare exceptions to the two-year filing deadline. So, you must promptly consult an experienced Oklahoma car accident lawyer to help ensure you file your claim on time.
Determining Where You Should File Your Car Accident Lawsuit in Oklahoma
You must file your lawsuit in the proper jurisdiction. If you file in the wrong court, your case will be dismissed, and you may miss your filing deadline. In Oklahoma, most car accident lawsuits are filed in the state district court of the county where the accident occurred or where the defendant lives.
In some cases, you may file a car accident lawsuit in federal court instead of state court, or an out-of-state defendant could try to have your case removed to federal court. An experienced Oklahoma car accident lawyer can ensure you file your claim in the correct jurisdiction and that your rights are protected.
The Car Accident Lawsuit Process
Once you file your lawsuit, all parties will enter the discovery phase. During the discovery process, the parties will request information from the other side and may conduct depositions of parties and witnesses.
During this phase, the attorneys will work to collect evidence and build their strongest cases. Even though the lawsuit has been filed and all parties are working toward trial, settlement negotiations may continue. After taking depositions and gathering evidence, all sides will have a better understanding of the strength of their case, and many cases are resolved during this phase.
If your case does not settle at this stage, the parties may agree to mediation by a third-party mediator to resolve it. Most cases that go to mediation settle rather than going to trial. However, if you still do not resolve your case, it will proceed to trial.
At trial, you can have your case decided by a jury or a trial judge. Most car accident plaintiffs choose to have a jury trial. Your attorney will present your best evidence, call your strongest witnesses, and make the best arguments why you deserve full compensation for all your damages.
Contact Warhawk Legal To Discuss Your Oklahoma Car Accident Lawsuit
Car accident lawsuits are complex, time-consuming, and stressful. Insurance companies have experienced trial attorneys working to deny, delay, and devalue your claim so they can pay you as little as possible. You need an experienced Oklahoma City truck accident lawyer with a proven record of success to protect your rights and help you obtain the compensation you deserve.
At Warhawk Legal, we have the experience, skills, and resources to help you secure maximum compensation for your car accident claim. Call (405) 397-1717 or visit our contact page to schedule a free consultation regarding your Oklahoma car accident lawsuit.