FAQ

Personal Injury FAQ

Answers from an Oklahoma Personal Injury Attorney

Q: What is a statute of limitation?
Q: How do you determine how much my claim is worth?
Q: How long could my personal injury case take to conclude?
Q: If the fault was clear in my traffic accident case, will the insurance company pay to have my car repaired while I am going through my medical treatment?
Q: The insurance company wants me to give them a recorded statement, should I do it?
Q: If I was partially at fault for the accident can I still recover compensation?
Q: What happens if the driver who hit me does not have insurance?
Q: Do I need permission from the insurance company to see a doctor or chiropractor?


Q: What is a statute of limitation?

A: A statute of limitations is a restriction involving the amount of time available for an injury victim to file a personal injury claim following their accident. These limitations vary from state to state and also vary depending on the type of claim being filed. When filing for wrongful death, you must file within two years of the day the death occurred. This may be extended however where the victim was a minor. Regular personal injury claims must be filed within a two year period. When filing a medical malpractice claim against a doctor or health care provider, you have two years if the victim is an adult and seven years if the victim was a minor. Product liability actions must also be filed within two years of the victim's injury.

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Q: How do you determine how much my claim is worth?

A: When it comes to calculating the exact amount that your claim is worth, there is no set formula or exact science to it. Every case is different, which is why determining your support amount based on the unique characteristics of your case, is necessary. For example, the insurance company will look at the severity of your injuries, the cost of your past and future medical bills, your pain and suffering, your loss of income and expected future loss of income, the amount of liability the defendant has and the defendant's ability to pay restitution.

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Q: How long could my personal injury case take to conclude?

A: While it's nearly impossible to predict the course that any one case might take, the answer depends on the type of injury claim that you are dealing with and whether or not the facts of the case are complicated. If liability is clear and it is a simple fender bender traffic accident with minimal injury, then it may only take a few months from the time of the accident. If your injury claim however, involves multiple parties and the injuries were more severe, then the case could take anywhere from 1-2 years to conclude.

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Q: If the fault was clear in my traffic accident case, will the insurance company pay to have my car repaired while I am going through my medical treatment?

A: The answer is almost 100% yes if you were not at fault for the accident. As soon as the liability is clear, the insurance company could begin repairs on your vehicle and allow you to rent a car at no cost to you. If you decide not to take the rental, then they will be required to give you "loss of use" payments that are the equivalent of the car rental costs. This will go on for the duration of time that you're unable to use your own vehicle. Before seeking or accepting restitution from an insurance company after an accident, it's advised that you discuss your case with an attorney.

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Q: The insurance company wants me to give them a recorded statement, should I do it?

A: We always encourage our clients to refrain from giving any recorded statements or descriptions of the accident over to the insurance companies without the prior counsel of an attorney or without having an attorney present. Often, statements made in such an interview can be used against your case. It's important to note that the insurance company represents the party responsible for your injuries, so they will do everything in their power to shift or minimize liability and even seek to deny your claim altogether. If you say anything in court that contradicts your former statement, they will point that out as a weakness in your case. We urge you to contact our firm and talk to our Oklahoma City personal injury lawyer before ever giving any recorded statement.

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Q: If I was partially at fault for the accident can I still recover compensation?

A: Yes. There can still be paid restitution for your injuries as long as the other party's fault was greater than yours. The amount of payment however, may be reduced according to your level of fault.

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Q: What happens if the driver who hit me does not have insurance?

A: These injury cases can become lengthy and complicated and it would be in your best interest to enlist the help of our attorneys. In the state of Oklahoma, drivers are required by law to have insurance coverage, yet many people still drive without it. Obtaining compensation can be difficult when the "at fault" driver is uninsured or underinsured, but it is by no means impossible.

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Q: Do I need permission from the insurance company to see a doctor or chiropractor?

A: No, in fact you are legally permitted to choose your own doctor or physician. You do not have to wait for permission to receive the proper medical care for your injuries which includes emergency treatment and even long-term care if necessary. If you wish to see a chiropractor, you are allowed to do so because the law states that you are permitted to choose whatever kind of medical care you prefer. Your visits and treatments will have to be paid by the liable driver or his/her insurance company.

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Contact Our Firm Today to Discuss Your Case with an Oklahoma City Injury Lawyer.