Car accidents are unexpected and can leave you with serious injuries and financial strain. If you or a loved one have been the victim of a reckless or negligent driver, our team of Norman personal injury lawyers at Warhawk Legal can help. Our attorneys are skilled in navigating the process of recovering damages so that you can focus on your health and recovery after your accident.
For over 20 years, Joe Carson and the Warhawk Legal team have defended the rights of our clients. If you choose the Warhawk Legal team, you can rest assured that you and your case are our top priority.
Contact us to work with one of Norman’s best law firms – call us at (405) 397-1717 or book your free case review online today. We never charge clients unless we successfully win their case.
Is Oklahoma A No-Fault State For Car Insurance Claims?
No, Oklahoma is not a no-fault state for car insurance claims. Oklahoma is one of the majority of 38 fault (also known as “tort”) states nationwide. In such states, the at-fault driver’s insurance covers medical expenses and other auto repairs when fault for an accident is established.
Additionally, Oklahoma operates using the doctrine of modified comparative negligence.
As explained by 76 OK Stat § 5.5 (2022), “in all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage.”
That means that compensation recoverable is proportionate to the percentage at fault an individual is for the accident.
For example, if you are in a Norman auto accident and found to be 30 percent at fault, but the other motorist is 70 percent at fault, then you can recover 70 percent of damages from the primarily at-fault party. However, it is important to note that if an individual is found to be greater than 50 percent at fault, they are ineligible to recover damages. If you were in an accident with a commercial truck, please contact our Norman truck accident attorneys today.
How Long Do I Have To Start Legal Proceedings In My Norman Car Accident Case?
As dictated by 76 OK Stat § 5.5 (2022), “any claim filed herein shall be filed within two (2) years of the date of injury, death or damage to property, or, if applicable, within one (1) year of the date of a final adjudication on any legal action taken by the claimant against any person responsible for the injury, death or damage to property, or be barred by limitations from recovery.”
That means you have two years from the incident date to begin legal proceedings in your car accident case.
While that sounds like a long time, we strongly urge car accident victims to begin work on their case much sooner than this.
Here are the reasons why we encourage individuals to start their case proceedings as soon as possible.
- Evidence can be misplaced or disappear. Evidence of your car accident can easily fall through the cracks. Documents can be destroyed accidentally, eyewitnesses can move away or be unable to be reached, and physical items can be discarded. Considering these items build the foundation of your case, keeping them organized is key – and it’s tough managing these items without the knowledge that you will be working on a case.
- Links medical issues to your accident. If you file your claim as soon as possible, you can establish a clear chain of causation from your car accident to your potential physical injuries. If you delay, the opposing counsel could claim your injuries came from other sources, not the accident.
- Conveys the severity of your case. While many legitimate issues could cause someone not to file a claim as soon as possible, insurance companies typically view this information unfavorably. Essentially, many insurers interpret a delay in filing as a signal that your harm was not severe enough to warrant the compensation owed to you.
Warhawk Legal Gets Results For Norman Car Accident Victims!
If you’re struggling physically, mentally, and financially in the wake of a car accident in Norman, our skilled lawyers at Warhawk Legal can help you.
Contact us for your free, no-obligation case review and consultation today at (405) 397-1717 or schedule your appointment online.