Pursuing Compensation After an Accident

The law protects the rights of injury victims who suffer losses due to another person’s negligence. If you or a loved one was injured in an accident or if you lost a loved one in an accident, you will likely face significant financial hardships and emotional damages. At the Law Offices of Dan Davis, we seek to eliminate such pain and suffering by representing injured victims and their family members.

To do, we apply the law and help our clients recover compensation. Oklahoma law allows individuals to seek damages from the negligent individual or entity – the person or company – that was at fault. “Damages” is the court’s way of describing the money that is awarded to offset a loss.

While damages awarded in an injury case vary depending on the circumstances, the following are some of the types of damages that the Law Offices of Dan Davis can pursue on a client’s behalf:

  • Medical bills
  • Property damage
  • Pain and suffering
  • Loss of income and/or earning capacity
  • Mental anguish/emotional distress
  • Loss of opportunity
  • Loss of consortium

Don’t let the insurance companies dictate what you or your family is owed. Trust the experienced legal guidance of the Law Offices of Dan Davis when pursuing damages in your personal injury case.

The Importance of Retaining a Lawyer

While retaining legal representation to file a personal injury case is not required, it is highly advised. This is because insurance companies work diligently to minimize the claims of accident victims. A skilled accident lawyer understands the various tactics used by such companies and can work hard to ensure all necessary evidence and documents are gathered in order to pursue compensation.

Accident victims often find themselves in disputes with insurance companies over the amount of compensation they are entitled to receive based on the extent of their injuries. An experienced Oklahoma City personal injury attorney from Law Offices of Dan Davis may be able to help you get the full extent of compensation you are entitled to under law. While you focus on healing, our legal team makes it our focus to maximize your claim and pursue the highest payout possible.

Loss of Income

A loss of income can be a major financial blow to families affected by personal injury. If you have been injured in a workplace accident or as a result of the negligence of another person, you may be entitled to compensation for your lost wages. The amount of lost income you may receive is determined based on the amount of time you have been unable to work due to the personal injury.

If you have sustained a serious injury, you may qualify for long-term disability benefits depending on your medical condition and other factors. We have experience helping clients pursue disability benefits after they have been seriously injured in all types of accidents, including motorcycle accidents and head-on car accidents. If you qualify for these benefits, you generally can still pursue damages in a personal injury suit.

Lost Opportunity

If the direct result of an accidental injury, such as loss of sight, leads directly to the loss of a business opportunity, the injury victim may have grounds to pursue damages for lost opportunity. Examples of injuries from an auto accident or workplace injury that may result in lost opportunity include:

  • Loss of vision
  • Loss of hearing
  • Amputation, particularly of the hand or hands
  • Paralysis

In pursuing damages for lost opportunity, your claim must be fully supported. You need to show proof that a valid and credible opportunity was lost due to the personal injury. At the Law Offices of Dan Davis, we have experience in pursuing all types of damages. We can help you throughout the entire process.

Loss of Consortium

You may be entitled to pursue compensation for what is known as “loss of consortium” if your injury significantly affects your relationship with your spouse. Typically, these types of damages are awarded when a victim can no longer engage in sexual activity with a spouse. Loss of consortium damages may be awarded after any type of negligent action, from traffic accidents to medical negligence and injuries from dangerous products.

Examples of significant injuries that may result in a loss of consortium include:

  • Paralysis
  • Amputation
  • Traumatic brain injury

The loss of the ability to enjoy recreational activities, help with housework, or care for other dependents may also play a role in calculating loss of consortium damages (along with other factors). You can rely on the Law Offices of Dan Davis to fully evaluate your unique situation.

Mental Anguish / Emotional Distress

Mental anguish or emotional distress refers to mental and emotional responses to the trauma of a physical event. Mental anguish may result from extreme fear, anxiety, shock, grief, guilt, or shame. In calculating damages for anguish or emotional distress, courts will look at the circumstances of each individual accident.

You may be able to pursue damages for anguish or emotional distress in cases if you:

  • Recognized imminent catastrophic harm but could not avoid it
  • Were trapped and alert in a state of severe peril or pain
  • Witnessed and were unable to prevent harm to or the loss of a loved one
 Situations such as a rollover accident, in which passengers are trapped within the car, or an oil field accident, in which a worker is pinned beneath heavy machinery, may create a case for mental anguish and emotional distress.

Property Damage

If your car is totaled in an auto accident or semi-truck accident and the operator of the other vehicle is responsible for your property loss, you may be able to pursue a property damage settlement. This settlement may be calculated using the replacement cost of the vehicle and other property and also by the cost of having loss the use of that property until it could be replaced.

Lost property that may be considered when pursuing damages include:

  • Vehicles
  • Personal effects destroyed as result of accident (cell phone, computer, etc.)
  • The cost of rental vehicle
  • The cost of vehicle repair

Contact the Law Offices of Dan Davis

Insurance companies employ all sorts of tactics to minimize the value of a claim or avoid a payout altogether. Adjusters will begin looking for ways to work against your best interests from the very beginning, so it is important to contact an Oklahoma City personal injury lawyer as soon as possible after an accident. With our experienced team on your side to protect your rights during the claims process, your chances of receiving fair compensation may be increased! The Law Offices of Dan Davis has been in practice for nearly three decades. Call our Oklahoma City personal injury attorneys today to learn how we can help you.