Personal injury is the area of the law that addresses physical and mental injuries to an individual. If you’ve been hurt as a result of the negligence, recklessness or intentional behavior of a person, business or government agency, you may be entitled to compensation under Oklahoma personal injury law. However, you have a limited amount of time to file a lawsuit and pursue the party responsible for your injuries, known as the defendant. For this reason, it’s critical that you hire an Oklahoma City personal injury lawyer as soon as possible after your accident or injury diagnosis.
Winning an Oklahoma Personal Injury Lawsuit
To win a personal injury lawsuit, the victim (known as the plaintiff) and his or her Oklahoma City personal injury attorney must prove three things:
- The defendant had a legal obligation, known as a duty of care, to try to avoid hurting the plaintiff
- The defendant violated that duty of care and the plaintiff was injured as a result
- The plaintiff suffered damages, or financial losses, as a result of the accident or injuries
Take, for example, an automobile accident. Each driver has a legal responsibility to pay attention to the road and other drivers, drive at a safe and appropriate speed, and obey local traffic laws. Now imagine that one driver instead drives while intoxicated or is texting while driving or driving at a high rate of speed during poor weather conditions. That driver is violating his duty of care toward other drivers on the road. However, you can’t file a lawsuit against another driver simply because they were driving in an unsafe manner. If, however, that driver is in an accident as a result of his or her unsafe driving and you were injured as a result, then you can file a personal injury lawsuit.
Time Limit to File Personal Injury Lawsuits in Oklahoma
Oklahoma, like other states, imposes a deadline on the filing of civil lawsuits. Your personal injury claim must be filed with the appropriate court within two years of the date of your accident and injuries. If you are even just a couple days late in filing your case, then you’ll be unable to collect any damages from the party responsible for your injuries.
Because it can take time to prepare and file a lawsuit, you shouldn’t delay in hiring an Oklahoma City personal injury attorney. Immediately after seeking medical treatment for your injuries, you should hire a lawyer. This gives your attorney sufficient time to research the facts in your case, attempt to negotiate a settlement with the defendant, and prepare and file your lawsuit, if negotiations are unsuccessful.
