Monday, January 18, 2016

How to file a bodily injury claim after a car accident?

Victims of negligent car accidents in Oklahoma like in every other state are eligible to claim and receive compensation for their injuries, damages and losses consequent of the accident itself according to law. This can be achieved through the legal process of filing a civil lawsuit such as a wrongful death lawsuit, property damage lawsuit or bodily injury, or personal injury lawsuits from the words spoken by Tulsa, OK accident lawyers.

Filing a bodily injury claim requires a lot of diligence and timely paperwork in addition to filing requirements that need to be satisfied. Therefore, it would be prudent to reach out to an Northeast Oklahoma accident lawyer to make sure you file an accident claim on time whether it is with your or the defendant’s insurer or a court.

What are the steps you should take right after being involved in a car accident?

When you are involved in an auto accident, there are some important things you should do and some things you should ensure not to do. We will get to them shortly, but importantly, after an accident, common sense should prevail and everyone’s safety and well-being should be number one priority. Make sure you get medical attention and get evaluated even if you are not visibly injured.

Once your medical condition is deemed stable you ought to start gathering as much information/evidence as possible to assist your legal counsel. Use your smart phone to take photos of the debris and of all of registration plates of those involved in the accident. Record any witness statements/testimonies, make a note of badge numbers and names of any responding law enforcement officers and retain the names and addresses of the other parties involved in the accident.

"I am going to sue you!" This is not something you want to be screaming all over the place. For one, the other side may already know. Secondly, you will receive less cooperation from the other driver(s) on the scene. Third, you do not want to show everyone your cards do you? When you are able, use this site http://accident.usattorneys.com/oklahoma/ to hire that Tulsa, OK lawyer that you will need to make this situation right. 
This all may seem natural to you and just plain logical. You want to use this time wisely. If you do not have a smart phone that enables you to take notes then you should take some pictures for sure. Do not walk up to the other driver(s) and take their picture without them knowing it because that could lead to some harsh words and bring more tension to the situation. Do not do that to the police officer who arrives on the scene as well! Take pictures when the other players involved are distracted.

Damages that can be Claimed in a Car Accident Lawsuit

When victims are able to successfully file such a lawsuit and prove their claim in trial then they will receive compensatory damages which may comprise of economic, non-economic, and punitive damages.

Economic damages in an accident claim are monies awarded to victims in order to compensate them for damages that are financial quantifiable, such as, medical bills, repair bills, loss of income, loss of ability to earn in the future, and back wages, to name a few.

On the other hand, non-economic damages are compensatory monies awarded to victims in order to reward them for damages that one cannot really put a price tag on. These are damages such as mental anguish, loss of consortium, and distress.

Many states have upper limits or caps on how much a jury or judge can award in non-economic damages. Tulsa OK, accident attorneys know the maximum that can be awarded in civil injury cases in the state is $350,000.

Revenge in Monetary Form

Punitive damages are also awarded to the victim, but unlike economic and non-economic damages, punitive damages are not of a compensatory nature. What that essentially means is that these damages are not awarded to actually make up or compensate the victim for any losses, but is awarded solely to punish the guilty party further and Northeast, OK or Tulsa accident lawyers know all about this. OJ Simpson knows all about this. He even lost his Heisman trophy!  

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