Have you or a loved one been injured by the reckless or negligent actions of another individual? The Edmond personal injury law firm of Warhawk Legal can offer you the legal advice you need after a personal injury.
Our team at Warhawk Legal has been serving Edmond and the Oklahoma City metro area communities since 2001. From day one of our firm’s history, we have been passionate about defending your rights – giving you a safe space from which you can heal.
While nothing can change what happened to you, adequate financial security can help your situation. That’s why we never seek anything less than maximum compensation for Edmond personal injury victims.
So contact our Edmond car accident attorney today at (405) 397-1717 for your free, no-obligation case review and consultation, or book it online. We are always ready and willing to listen to you and work through the next steps in your case.
Why Choose Our Edmond Personal Injury Lawyer?
Whenever a reckless or negligent third party upends your life through their carelessness, you always have options. One of the first things you should do is contact a trusted Edmond personal injury lawyer like those at Warhawk Legal.
- We are fully committed to your case and recovering the compensation you deserve. Our passion for making this wrong right is what drives us to seek the maximum possible compensation in your claim, yielding settlements and jury verdicts in the millions. Other lawyers may call your case “unwinnable,” but that doesn’t stop us from fighting for you.
- We have an extensive understanding of the tactics and strategies insurance companies will try to utilize to pay you less. In a perfect world, an insurance company would be on your side. But often when the time comes for you to file a claim, this company may become a massive roadblock – and it’s all because they do not want to pay you what is rightfully yours. We know all the tactics that insurers will use to try to devalue your claim and know exactly the right evidence to maintain to win your case.
- Our award-winning lawyers have deep Oklahoma roots. All of our partners graduated with their J.D. from Oklahoma City University (OCU) School of Law, so we know the nuances of Oklahoma’s statutes and the culture of our great state.
What Should I Do If I’ve Experienced A Personal Injury?
While many facets of this question could change due to how your situation unfolded, some key principles stay the same, no matter what you experience.
Here are the core steps you need to do directly after your personal injury transpires.
- Get emergency medical attention at the scene. Call the police and get emergency medical professionals on the scene – even if you think you’re not seriously injured. First, it is impossible to tell at a glance how injured or uninjured you are (as many serious conditions aren’t always apparent). Second, this gives you a clear set of documentation in your case. A police report and your chart will only help you in the times to come.
- Document everything. If you are able, capture as much content as you can about the scene of the accident or ask a trusted loved one to do so. That means taking pictures and videos, as well as preserving damaged property and the clothes you were wearing.
- Contact a trusted legal partner. Almost all lawyers offer free, no-obligation case reviews. Starting the legal process in your case as soon as possible is paramount to its long-term success.
- Receive follow-up medical care. To further support your healing journey and your case, it’s best to continue seeing a medical professional and potentially even a mental health professional. This documentation will also provide evidentiary support for your case.
An experienced Edmond wrongful death lawyer, like those at Warhawk Legal, would be able to help guide you throughout this process so that you know exactly what you need to do every step of the way.
Common Personal Injuries In Edmond
Many situations could yield personal injury legal action. Here is a list of some of the most common circumstances we see in our legal practice:
- Car Accidents
- Bus Accidents
- Truck Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Motorcycle Accidents
- Brain Injuries
How Do I Know If I Have a Viable Personal Injury Case?
The best way to know if you have a viable personal injury case is to consult an experienced Edmond personal injury lawyer. At Warhawk Legal, we offer free consultations so you can ask questions, we can evaluate your claim, and advise you of your options.
Most personal injury cases are based on negligence. The legal elements you will need to prove to succeed in a negligence-based personal injury case are:
- The defendant owed you a duty of care. For example, all motorists have a duty of care to operate their vehicles with reasonable care to avoid harming others on the road. They must act as a reasonable person would under similar circumstances.
- The defendant breached the duty of care by their actions or inactions.
- The defendant’s breach of the duty of care caused your injury.
- You suffered actual damages caused by your injuries and the defendant’s breach of duty.
If these four elements exist, you probably have a viable personal injury case based on negligence.
Some personal injury cases are based on strict liability, which holds the defendant liable for damages without the need to prove negligence. For example, an Edmond dog bite injury case and a product liability case would be based on Strict Liability.
Instead of proving negligence, in a product liability case, you need to prove:
- You were injured or suffered damages from the defective product.
- You used the product in a way that was foreseeable and proper.
- The product was defective.
- The defective product caused your injuries or damages.
Some personal injury cases are based on Negligence Per Se. In this type of case, if the defendant broke a law designed to protect the public, they would be presumed negligent.
An example of a case based on Negligence Per Se would be if a drunk driver caused an accident that injured another person. The drunk driver would be presumed to be negligent. Because the driver broke the law designed to keep others safe, they now have the burden to prove they were not responsible for the plaintiff’s damages.
When you schedule a free consultation with the Edmond brain injury lawyers at Warhawk Legal, our attorneys will evaluate your case and advise whether they believe you have a viable personal injury claim.
How Do I Prove Liability Against the Negligent Party?
You must prove the existence of the legal elements of your claim. For example, if your case is based on negligence, you must prove the above-mentioned elements: duty, breach of duty, causation, and damages.
You must prove those elements by a preponderance of the evidence. This means you only need to prove that it is more likely than not, considering the facts presented, that the defendant caused your injury.
The evidence used to prove liability varies depending on the specific facts of your case. For example, in a car accident personal injury claim, we may use the following types of evidence to prove liability:
- Police reports.
- Eyewitness testimony.
- Testimony and reports for expert witnesses, such as an accident reconstructionist.
- Photographs.
- Video footage that was taken at the time of the accident.
- Surveillance video footage from nearby businesses, residents, or traffic cameras.
- Dashcam video footage.
- The electronic data recording device (black box).
Once liability is established, we will use additional evidence to prove your personal injury damages. Types of evidence we may use to establish your damages include medical records, pay stubs, income tax returns, eyewitness testimony, testimony, and reports from expert witnesses, such as doctors and economists.
Our attorneys work tirelessly to build your strongest case and choose the best evidence to prove the defendant’s liability.
Our Edmond Injury Lawyers Know How To Handle Insurance Company Tactics
Insurance companies are in business to make a profit. They often use unfair tactics to deny claims or to persuade an injury victim to settle their claim for much less than the actual value of their claim.
At Warhawk Legal, our attorneys have seen it all. We have been combatting insurance company tactics for over 20 years and know how to beat them at their own game.
It is unlikely that an insurance company will use a tactic that we haven’t already seen. However, if they do, we will analyze their new trick and determine how to protect our clients.
Some of the unfair and bad faith tactics insurance companies may use include:
- Making unreasonable settlement offers.
- Failing to disclose policy limits and exclusions.
- Failing to respond to your claim timely.
- Denying coverage without a valid reason.
- Contesting valid claims.
- Making false representations to the claimant about the law or the policy terms.
- Refusing to pay in a timely manner after liability has been established.
These types of unfair practices are prohibited by Oklahoma law. If we believe an insurance company has violated the Oklahoma Unfair Claims Settlement Practices Act, we will seek damages in addition to the payment of your claim.
Damages we may be able to recover for an insurance bad faith claim include payment of the entire claim, even if it exceeds the policy limits, legal fees, and interests for the period they delayed paying your claim.
What Type of Damages Can I Recover After an Injury in Edmond?
The type of damages you can recover after an injury in Edmond depends on the facts of your case. In a successful Edmond personal injury claim, you should be able to recover economic and non-economic damages.
Economic damages include current and future medical expenses, current and future lost wages, property damages, and other expenses and losses incurred because of your accident and injuries.
Non-economic damages include pain and suffering, mental and emotional distress, loss of enjoyment of life, and other intangible losses.
In rare cases, you can recover punitive damages in addition to economic and non-economic damages.
Punitive damages, also known as exemplary damages, are intended to punish the wrongdoer and deter similar future behavior.
Under Oklahoma Statutes §23-9.1, punitive damages may be awarded by a jury but only in cases where the defendant acted with reckless disregard for the rights of others or acted intentionally and with malice. Examples of cases where punitive damages may be awarded include drunk driving accidents, aggravated assault and battery, and fraud.
How Long Do I Have To File An Injury Claim In Edmond?
In Oklahoma, you have two years from the date of the accident to file a personal injury claim, otherwise, you will likely be barred from filing.
Here’s the full statute, found at 76 OK Stat § 5.5 (2022),
“Any claim filed herein shall be filed within two (2) years of the date of injury, death or damage to property, or, if applicable, within one (1) year of the date of a final adjudication on any legal action taken by the claimant against any person responsible for the injury, death or damage to property, or be barred by limitations from recovery.”
What Type Of Evidence Can Be Used In My Edmond Personal Injury Case?
Your Edmond motorcycle accident lawyer will tell you that the more evidence you have in your Edmond personal injury case, the better.
During this period, your goal is to collect the following documentation:
- Physical Evidence (Clothing, Damaged Vehicle or Property)
- Photographs or Videos
- Surveillance Footage
- Medical Records
- Witness Testimonies
- Police Reports
- Insurance Documents
- Medical Bills
- Social Media Posts
An Edmond truck accident lawyer can also assist and work with you to organize and collect this information.
Warhawk Legal Is Oklahoma County’s Choice For Personal Injury Cases
Warhawk Legal stands out as a top choice for legal representation in Edmond. With a commitment to securing maximum compensation for their clients, we offer free case reviews and consultations to assess the details of your situation.
Start today by booking online or calling (405) 397-1717 for your case review.