How Long Will My Car Accident Case Take In Oklahoma?
It’s difficult to face the unknown after a car accident. No one plans for an accident to occur and many injury victims aren’t familiar with the process and timelines involved in recovering their losses. It quickly becomes overwhelming when medical bills pile up at the same time that you may be unable to return to work and face a long recovery ahead. When another driver’s negligence caused the accident, an injury victim has a right to compensation from the at-fault party’s insurance company. Unfortunately, it isn’t always this simple. Insurance companies commonly protect their profits at the expense of the injury victim, causing delays in the process.
Many claimants in Oklahoma car accident cases want to know, “How long will it take to recover compensation?” Remember an Oklahoma City car accident lawyer can help you answer these difficult questions.
What Is the Timeline for a Car Accident Case In Oklahoma?
The amount of time it takes to recover compensation in a car accident claim varies widely depending on the complexity of the case and whether or not it’s resolved with a settlement or requires litigation in court. Almost 95% of car accident claims result in a settlement, and the average amount of time to resolve the claim is six to nine months. However, some cases take significantly longer. Understanding the timeline of a car accident claim process helps to know what to expect. The following process occurs in most car accident claims:
- After the accident, the police generate an accident report and the car accident victims report the accident to their insurance companies
- If one party is clearly at fault, the insurance company may quickly reach out with a settlement agreement. It’s best to hire an attorney at this point to represent your interests before signing a settlement agreement. Early settlements are often lowball offers intentionally made before you know the full extent of your damages and require signing away the right to a lawsuit
- An Oklahoma City personal injury attorney investigates all aspects of the accident to protect your best interests by documenting evidence of the at-fault driver’s liability
- The insurance company assigns an adjuster to the case who investigates the accident with the goal of protecting the company’s interests. Under Oklahoma’s modified comparative negligence insurance laws, they can reduce the amount of a payout by assigning you a portion of fault for the accident. An attorney protects you against these and other common tactics used by insurers
- After the investigation, your attorney carefully calculates your economic damages and arrives at a sum for compensation for pain and suffering to submit in a demand package with the evidence to the insurance company
- Negotiations begin between the attorney, insurance adjuster, and involved parties, sometimes requiring mediation
- In most cases, the claim ends with a settlement agreement to cover damages
If the insurance company fails to offer an acceptable settlement, you can choose to litigate the matter in court. Court cases take longer to resolve but often end with a large award for damages because juries tend to sympathize with accident victims.
What Is the Statute of Limitations for Car Accident Cases?
Oklahoma’s statute of limitations for filing car accident claims is two years from the date of the accident. If a case goes to court, the injury victim must file the lawsuit within two years from the date the accident occurred or the court will not hear the case. Some exceptions exist for injured minors, delayed discovery of injuries, and for those who are unconscious, comatose, or incapacitated for a significant period after the accident.
What Damages Can I Recover In My Oklahoma Car Accident Claim?
Serious car accident injuries quickly become expensive, often requiring medical procedures and rehabilitation and income loss. Common damages recovered in Oklahoma car accident claims include property damage, past and future medical expenses, lost wages, diminished future earning capacity, and compensation for pain and suffering. Sometimes, additional damages apply such as disfigurement, PTSD, loss of hearing or vision, or traumatic limb loss, depending on the unique circumstances of the case.
How Can a Car Accident Attorney In Oklahoma City Help?
Insurance companies commonly delay progress on claims in the hopes that it wears down an injury victim so they accept an undervalued claim. For every day they can delay paying the claim, their account earns interest instead of yours. An experienced attorney helps to prevent unnecessary delays in your Oklahoma car accident case while aggressively representing your interests for the best possible outcome. Contact Dan Davis Law in Oklahoma City for skilled legal representation throughout the process.