What is My Automobile Accident Claim Worth?

A car accident is more than just a frightening event – it can result in significant physical, emotional, and financial burdens. As with all personal injury cases, the different types of compensable damages available to you will vary based on your personal losses. As experienced Tulsa car accident attorneys, Aizenman Law Group is here to guide you through this complex process and help you calculate your damages after a car crash.

Medical Expenses

Medical expenses form a major part of the compensable damages. This category includes costs related to hospital stays, surgeries, doctor visits, medication, rehabilitation, physical therapy, and any future medical care necessary due to your injuries. You should always keep thorough records of these costs to ensure they are appropriately accounted for in your claim.

Lost Wages and Loss of Earning Capacity

If your injuries prevent you from working, either temporarily or permanently, you may be entitled to compensation for lost wages. Moreover, if your injuries limit your ability to earn similar wages in the future, you can claim compensation for the loss of earning capacity.

Pain and Suffering

Pain and suffering refer to the physical and emotional distress caused by an accident. While these damages are harder to quantify, they are just as real and impactful as any economic losses. Some survivors of car wrecks will even go on to experience long-term psychological conditions, such as post-traumatic stress disorder. Factors like the severity of your injuries, the level of pain, and the prognosis of your recovery can all affect the amount of compensation for pain and suffering.

Property Damage

If your vehicle or any other personal property was damaged in the accident, you could be compensated for repair or replacement costs. Additionally, the loss of your vehicle may necessitate additional transportation costs, which may be factored into your injury claim.

Punitive Damages

In some car accident cases, where the defendant’s conduct was especially egregious or reckless, the court may award punitive damages. These damages are not meant to compensate for a financial loss, but rather to punish the defendant and deter similar behavior in the future.

Remember, each car accident case is unique, and the types and amounts of compensable damages vary. The team at Aizenman Law Group is dedicated to advocating for your rights and helping you pursue the full compensation you deserve. If you or a loved one has been involved in a car accident in Tulsa, don’t hesitate to contact us for a free consultation to learn more about what compensation you could receive in your unique circumstances.

What is the Tulsa Statute of Limitations for Car Accidents?

Immediately following your auto accident, you need to plan to file an insurance claim. Injured victims should file these car accident claims in a matter of days or weeks after the negligent event. However, according to Oklahoma law, an individual has up to two years to file a lawsuit for damages stemming from the day of the accident. You should plan to get started as soon as possible so that if your car accident claim is denied, our Tulsa accident attorneys can begin to fight for your rights.

By delaying your insurance claim, the insurance company may argue that you:

• Can’t recall exactly what happened
• Fabricated your injuries
• Were not forthcoming about the accident
• Held more responsibility for the accident than you claim
• Did not make a claim within a reasonable amount of time

Should I Accept an Offer From the Insurance Company?

Injured parties may receive an offer from the driver’s insurance company following a Tulsa car accident. However, you are under no legal obligation to speak to an agent or adjuster representing the other driver’s interests. It’s better to speak to your own attorney first and let your legal team handle all forthcoming communications with other parties. Your lawyer can help you identify nefarious tactics used to undermine your claim and protect your rights throughout the process.

What are Comparative Negligence Laws in Tulsa?

Oklahoma is a state that uses comparative negligence as a way to disburse compensation fairly. This means if the insurance company can prove you were even partially at fault for the accident, they can reduce the amount they have to pay you. This is not good for your settlement. We must begin gathering evidence from the accident scene as quickly as possible to help you tell your side of the story.

This is not the time to show mercy to the other driver, even though the insurance company will do its best to push you in that direction. Your recovery is what matters here, and that means you need all the compensation you can get. By fighting aggressively for your full and fair compensation, your personal injury attorney will help you obtain the medical treatments you need to move forward.

How Does a Lawyer Prove Negligence in a Car Accident Case?

To successfully prove negligence in a car accident lawsuit, your attorney must establish four key elements:

• Duty of Care: Your lawyer must show that the defendant (the person being sued) had a legal responsibility, or a duty of care, to act in a certain way towards the plaintiff (the person who is suing). In car accident cases, all drivers have a duty to operate their vehicles safely and obey traffic laws.
• Breach of Duty: Next, the lawyer must demonstrate that the defendant failed to fulfill that duty of care. This could mean showing that the defendant was speeding, driving recklessly, distracted, or under the influence of drugs or alcohol. Such evidence might include an accident or police report, witness testimony, cell phone records, or photographic and video evidence.
• Causation: The attorney then needs to prove that the driver’s breach of duty directly caused the car accident and the plaintiff’s resulting injuries. This often involves using evidence from the accident scene, such as photos, videos, eyewitness testimonies, or expert opinions.
• Damages: Finally, the lawyer must prove that the plaintiff suffered actual damages (like bodily injury or property damage) as a result of the accident. Medical records, repair bills, and receipts are often used to demonstrate these damages.

At Aizenman Law Group, our experienced Tulsa car accident attorneys are skilled in identifying all at-fault drivers or parties and gathering and presenting evidence to establish negligence. We work diligently to build a strong case on your behalf, aiming to help you receive the compensation you deserve. If you or a loved one has been involved in a car accident and believe negligence was involved, please don’t hesitate to contact us for a free consultation.

What Should I Do After an Accident with an Uber or Lyft Driver?

With the ride-share industry putting more and more drivers out on the road, the risk of accidents increases all the time. While these companies were once able to pass their liability onto their drivers, laws have now changed, requiring them to carry commercial insurance. If you were involved in an accident with a rideshare vehicle, you must put a case together to hold the at-fault driver accountable. Aizenman Law Group can help accident victims do just this.

How Long Does Whiplash Last After a Car Accident?

After being involved in a car accident in Oklahoma, you may experience whiplash, which is a neck sprain caused by a jerking movement. Initial symptoms of whiplash injuries generally include neck pain, dizziness, and jaw pain and typically heal within six weeks after a car accident. However, as with all accident injuries, it’s vital that you consult a medical professional for comprehensive treatment following a crash.

Can I File a Lawsuit for the Death of a Loved One in a Car Accident?

Yes, you can file a lawsuit if a loved one has tragically died in a car accident due to another party’s negligence or wrongful actions. This type of lawsuit is known as a “wrongful death” claim.

In Oklahoma, a wrongful death claim is typically filed by a representative of the deceased’s estate on behalf of the surviving family members who have suffered damages from the death of their loved one. The representative is often a close family member such as a spouse, child, or parent.

Our attorneys can help you seek compensation for various items related to your loss, including:

• Funeral and burial expenses
• Medical expenses related to the deceased’s final illness or injury
• Loss of the deceased’s expected income
• Loss of benefits, like medical coverage
• Pain and suffering or mental anguish experienced by the survivors
• Loss of companionship

No Fee Unless We Obtain Compensation on Your Behalf

With Aizenman Law Group, we do not collect a fee unless we can make your situation better. We stand with you in taking on these large companies, and we understand how much stress you may be feeling. During your free consultation, we will help you understand your case and how to proceed for the best chance at an ideal outcome.

With two consecutive years named to Rising Stars, Attorney Daniel Aizenman has the experience and tenacity to help you stand strong in demanding full and fair compensation. Let our personal injury lawyers put their aggressive representation to work for you.

Hear it from Our Satisfied Clients!

5 / 5 stars

Call Aizenman Law Group today by dialing (918) 215-8856. You can also contact us online.

Aizenman Law Firm- Tulsa Office 

5800 E. Skelly Drive, Suite 575
Tulsa, OK 74135
Phone Number: 819-426-4878