How Soon Will I Get My Car Crash Settlement Award?
Oklahoma is a fault-based insurance state, requiring a car accident injury victim to file a claim against an at-fault party—typically, the careless or reckless driver who caused the accident—to recover their damages. Recovering compensation for damages like medical expenses, lost wages, and pain and suffering requires an investigation and significant evidence of liability.
When medical expenses pile up, it’s easy to feel anxious and overwhelmed about the financial recovery process. Many car accident survivors ask: “How long does it take to recover compensation after a car accident?” Consulting an experienced accident attorney in Oklahoma City can provide clarity on the legal process and help ensure you receive the compensation you deserve as quickly as possible.
Understanding the Car Accident Claim Timeline
No two car accident claims are the same, just as no two accidents are identical or have the same consequences for the accident victims. Some car accident settlements happen quickly, while others require a lengthier investigation and more time-consuming negotiations. The entire process can take from a few months for a fast settlement to a few years if the case requires litigation in court for a jury verdict. Understanding the car accident claim process in Oklahoma can help an accident victim understand how the timeline applies to their case:
- First, the car accident victims must obtain a copy of their accident report and medical report. Often, they hire an Oklahoma car accident attorney at this point
- The injury attorney in Oklahoma City investigates all aspects of the car accident to document clear evidence of liability, while at the same time, the insurance adjuster assigned to the case also investigates with the goal of protecting the company’s profits
- The attorney carefully calculates the injury victim’s damages like medical expenses and lost wages and then determines an amount for the victim’s pain and suffering
- The attorney presents a demand package to the insurance company, showing their findings
- The insurance adjuster and the attorney negotiate, with the injury victim’s attorney seeking the largest possible settlement for their client’s damages
- The claim ends with an ample settlement in about 95% of cases
Only in a minority of cases does the insurance company fail to offer an acceptable settlement or dispute the claim, requiring court. If this is the case, the injury victim must file a lawsuit petition within Oklahoma’s two-year statute of limitations, or two years from the accident date.
A court case takes longer than a settlement but often ends with a larger award for damages than a settlement. Juries tend to feel sympathetic toward injury victims.
What Damages Does a Car Crash Settlement or Jury Award Cover?
Even relatively minor injuries can cause financial strife due to losing days of work at the same time that medical bills come due. More serious injuries can be life-altering with serious financial hardship for the entire family. Common damages recovered in car accident claims include the following:
- Property damage for repairing or replacing a crashed vehicle
- Reimbursement for past medical expenses
- Anticipated future medical expenses
- Lost income
- Future income loss or diminished future earning capacity due to disability
- Compensation for pain and suffering
- Compensation for any other non-economic damages that apply in some cases such as loss of limb, disfigurement, PTSD, or loss of enjoyment of life
Recovering compensation after a car accident with extensive injuries may require more time for an attorney to negotiate the largest possible settlement compared to an accident with minor injuries or one in which one driver is clearly at fault, making proving liability a simpler process.