A personal injury occurs when something happens to a person rather than to real or personal property. Personal injuries can be isolated—like in a slip—and—fall accident—or part of a more significant event—like in a car crash. They can be physical, emotional, or mental.
You may be entitled to compensation when someone else’s negligence causes your injury. Under Oklahoma’s comparative fault rules, you could still seek financial recovery even if you were partially to blame for the accident. To find out if you have a viable personal injury claim, schedule a free consultation with an experienced legal professional at our firm. A Lawton personal injury lawyer at AMA Law could review the details of your case and provide guidance on your available legal options.
Proving that a person has an injury is only one part of a personal injury claim. The other part is establishing negligence. Negligence means that the person who caused the accident acted in an irresponsible or unreasonable manner. Proof that the wrongdoer broke the law is one way to show negligence. However, actions can be negligent without being criminal. The court will examine whether they behaved as a reasonable person would act under similar circumstances.
If they behaved unreasonably, the next step is to demonstrate that the unreasonable behavior caused the accident. That is where comparative negligence comes into play.
Often, a personal injury results from more than one person behaving irresponsibly. Perhaps a driver is irresponsibly checking a text and does not see that another driver who ran a red light is about to collide with them. In that instance, both parties would be negligent. The court will assign a percentage of the blame to any negligent parties to determine who is liable. When a person is 49 percent or less responsible for the accident, they can seek financial recovery through the civil court system for their injuries.
Proving injuries is the final component of a personal injury claim. Once someone establishes that someone else’s negligence caused an accident, they must show that it directly led to their injuries or illness. Then, they link those injuries or illnesses to the damages they suffered as a result. A well-practiced Lawton personal injury attorney could help establish causation on an injured person’s behalf.
Personal injuries range from extremely mild to fatal, so damage awards are very fact-specific. Damages depend on the nature and severity of an injury, the medical expenses incurred to treat it, projected future medical expenses, lost wages, loss in earning capacity, and pain and suffering.
When a defendant has insurance that covers an injury, their insurance company will consider the above factors and make a settlement offer. These settlement offers are often low and do not factor in various costs, such as replacing household labor during recovery.
A plaintiff can negotiate with the insurance company on their own; however, insurance companies have more power, and injured parties may not know how to value their damages properly. A knowledgeable lawyer who handles personal injuries is familiar with settlement values and jury awards for similar cases in Lawton. They can guide the appropriate amount for damages.
A final factor that can impact damage awards is the insurance policy limits. A factfinder is not supposed to consider insurance when making a damage award. However, most defendants do not have considerable assets outside their insurance policy. In those instances, the highest realistic damage award may be lower than one’s actual damages.
Suppose you are unable to reach a satisfactory settlement with an insurance company. In that case, you can choose to go to court. Litigation may result in a much larger award but comes with risks. Litigation is time-consuming and can delay recovery for months or years. It is also risky—there is no guarantee that a judge or jury will agree with your accident assessment.
A seasoned attorney from our firm could look at the facts of your case and surrounding trends and advise whether you should settle or go to court. Armed with this information, you can make the best decisions for yourself and your family. Schedule your free consultation with a Lawton personal injury lawyer at AMA Law today.