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  • By: Dan Loeliger, Esq.
  • Published: March 4, 2024
Two cars involved in an accident showing significant damage.

Car accidents are complex and messy, both physically, and legally. While they are generally over in seconds, their consequences can ripple out over lifetimes. This article explains a number of specific situations that can complicate the personal injury claim compensation recovery process in Oklahoma, including:

  • How partial fault for the accident will impact your personal injury claim and compensation.
  • Dealing with uninsured or underinsured drivers in Oklahoma roadway accidents.
  • How to pay for the medical care you need while you await the personal injury compensation.

How Will Partial Fault For My Car Accident Impact My Personal Injury Claim?

In the most complicated car accidents, it is often unclear who should bear most of the blame for the crash. Inevitably, both drivers have done one or more things wrong, and you could find yourself partially at fault for the accident that caused your injuries.

Fortunately, Oklahoma operates under a comparative negligence system. This means you can still claim compensation but will lose a portion of it equivalent to the amount of blame you bear. For example, if your car accident personal injury claim is for $100,000 in damages, but you were 20% at fault for the accident, then the other party’s insurance company would only be liable to pay you $80,000.

Can I File A Personal Injury Claim After Being Injured By An Uninsured Or Underinsured Driver?

While car insurance is mandatory, we do not live in a perfect world, and some drivers will take the risk of driving without it. Other times, even when you do get in a serious accident with someone who has insurance, their policy is too small to cover the extensive medical costs from the severe injuries you have sustained.

Luckily, in Oklahoma, you can also get uninsured motorist coverage on your own insurance. This allows you to file a claim with your own insurance company. This is particularly helpful if the individual responsible does not have sufficient money or assets to pay for the claim.

After all, you can sue them directly for it, but if they are not paying for insurance or good insurance, it is doubtful they have the means to pay your medical bills.

How Can I Pay For Medical Bills While I Wait For The Insurance Company To Pay Up?

Another unfortunate reality of accidents and personal injury claims is that the insurance companies that are supposed to pay for your care are often unwilling or deliberately slow when it comes to paying up, especially when large sums are involved. This can leave accident victims in the uncomfortable position of facing substantial costs with few to no resources.

Your attorney, however, will be able to help. First of all, if you have decent health insurance or medical payments coverage, those insurance policies can usually be made to cover the bills. If you do not, your attorney will be able to connect you with a doctor willing to treat you on lien. This means they will delay payments until your claim is settled and the insurance company of the at-fault driver pays up.

The Other Driver Was Clearly At Fault. Do I Still Need To Hire A Personal Injury Attorney?

While blame can be one source of complication in car accidents and personal injury claims, it is far from the only one. Insurance companies will still try to pay you as little as possible or nothing if they can get away with it.

You need a lawyer with experience dealing with personal injury claims and insurance companies to make sure that you are not cheated out of your rightful compensation by these greedy corporations.

How Are Personal Injury Damages Calculated In Oklahoma In Car Wreck Injury Cases?

Another reason you will need an attorney is to ensure that you get both full and fair compensation for your injuries. After all, without one, you might not realize everything that the insurance company is responsible for paying.

They will certainly not tell you they have a legal obligation to pay:

  • All reasonable and necessary medical expenses connected to the injury.
  • Compensation for lost earnings, both current and future.
  • For the pain and suffering you have experienced, including that caused by your treatment and any disability.

Some of these factors are quite abstract and complex and require close collaboration between your attorney and your doctors. Identifying things like your maximum medical recovery demands a knowledge of both the law and of medicine you are unlikely to have without an attorney.

What Will Hiring An Oklahoma Car Accident Attorney Do For My Personal Injury Case?

Finally, hiring an attorney will allow you to put aside the stress, time, and effort of preparing your personal injury claim and concentrate on getting better.

Chances are you are already dealing with a lot in terms of stress, financial difficulties, and day-to-day recovery without having to worry about legal minutia and stubborn insurance companies. An attorney will take over such tasks, ensuring they are done correctly, timely, and to your advantage.

In addition, once your treatment is complete, your attorney will be able to negotiate a much better settlement for you than what you would be able to get on your own.

For more information on Car Accident Injury Claim Complications In Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 449-5777 today.

Attorney Dan Loeliger is an elite attorney based in Edmond, Oklahoma, focusing on personal injury law and estate planning. Believing the law should, first and foremost, serve and help those who need it, attorney Dan Loeliger aims to demystify complex estate planning concepts and personal injury procedures to keep readers like you informed and empowered.

Connect with Legal Advantage Group to gain valuable insights into navigating both personal injury and estate planning law in Oklahoma.

Call For A Free Consultation - (405) 449-5777.

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