The consequences of someone else’s actions can be staggering. When another person’s reckless or negligent decision causes you to suffer catastrophic injuries, you can suffer a lifetime of consequences and complications. Seeking fair compensation for such a catastrophic injury can be even more complex when trying to manage your health simultaneously.
The Oklahoma City wrongful death attorneys at Warhawk Legal know the hardships that come with catastrophic injuries and the pursuit of accurate compensation. Our years of experience have prepared us to pursue the compensation you deserve for your injuries.
How the OKC Catastrophic Injury Attorneys from Warhawk Legal Can Help
- Our Oklahoma City catastrophic injury attorneys thoroughly investigate your accident to determine all causes and liable parties and then hold those at-fault parties responsible for paying maximum compensation for your catastrophic injuries.
- We will help ensure that all current and future damages are included and accurately valued to determine what would be a fair settlement for your case.
- Our attorneys are excellent negotiators who can quickly reach a fair settlement in your case. However, if a fair settlement is not reached, we will take your case to trial and demand payment for the full value of your damages.
What is Considered a Catastrophic Injury?
A catastrophic injury could be one that substantially alters your life, including your ability to work or perform daily tasks, or that severely limits your quality of life. Many types of injuries could be catastrophic to injury victims and their families.
Some types of catastrophic injuries may include:
- Traumatic brain injuries (TBIs). TBIs can result from car accidents, falls, workplace injuries, or any blow to the head. They may cause a concussion, brain bleed, or other significant trauma that could result in memory loss, speech impairment, loss of coordination, seizures, and permanent disability.
- Spinal cord injuries. Because the spinal cord delivers signals from the brain to other body parts, its damage can result in various life-altering problems, including paralysis and breathing challenges. These injuries are extremely costly which is why its crucial to hire an Oklahoma City spinal cord injury lawyer.
- Amputations. Some accidents result in severed limbs or limbs that are so damaged they must be amputated. Amputations usually result in the need for physical, occupational, and psychological therapies.
- Sight loss. Accidents that cause eye damage or loss of sight impact an injury victim’s abilities in all areas of life.
- Severe burns. Explosions and fires often result in devastating burn injuries that may require painful recovery and leave victims permanently scarred or disfigured. Our Oklahoma City burn injury attorney can help you recover compensation for these accidents.
These are some, but certainly not the only, types of catastrophic injuries. Oklahoma City catastrophic injury claims usually differ from other cases in the severity of injuries, costs of medical treatment, extent of intangible losses, and complexity of the case.
At Warhawk Legal, our Oklahoma City brain injury lawyers work tirelessly to help victims recover maximum compensation for their damages so they can focus on healing and moving forward.
How is Fault Determined After a Catastrophic Injury in Oklahoma City
At Warhawk Legal, our attorneys investigate every injury to determine its causes and what parties are liable for the accident.
Oklahoma follows a modified comparative fault rule, which means that a person who is partially at fault can still seek compensation for their damages if their percentage of fault is 50% or less than the other at-fault parties.
However, the plaintiff’s compensation will be reduced by their assigned percentage of fault. For example, if your damages total $100,000 and you are found to be 25% at fault, you could still recover $75,000 after your percentage of fault is deducted.
To establish fault in an Oklahoma catastrophic injury claim, you must prove four elements. They are:
- The defendant owed you a duty of care.
- The defendant breached that duty of care by their negligent action or inaction.
- The defendant’s breach of duty caused the accident and your injuries.
- You suffered actual damages caused by the defendant’s breach of duty.
At Warhawk Legal, our attorneys work to identify evidence to prove your claim. Some types of evidence we may use to prove fault after a catastrophic injury in Oklahoma City include:
- Eyewitness statements.
- Police reports.
- Photographs and video footage from the accident scene.
- Surveillance video footage from nearby businesses, residences, or traffic cameras.
- Cell phone records.
- Dash cam evidence.
- Electronic data recording devices (“Black Boxes”) from vehicles.
- Expert witnesses, such as accident reconstructionists.
- Medical evidence showing someone was under the influence of alcohol or drugs at the time of the accident.
- Driver logs if a commercial vehicle is involved.
- Maintenance records of a vehicle or equipment.
The type of evidence we use will depend on the type of accident and the specific facts of your case. Our Oklahoma City catastrophic injury lawyers act quickly to preserve and collect evidence, as it can be destroyed, lost, or diminished over time.
What Damages Can I Pursue After a Catastrophic Injury
The damages you can pursue in an Oklahoma City injury claim depend on the facts of your accident and your injuries. In a successful Oklahoma City catastrophic injury claim you should be able to recover economic damages and non-economic damages.
These include:
- Current and future medical costs.
- Current and future lost wages and income.
- Property damages.
- Other financial losses and expenses incurred because of your accident.
- Pain and suffering.
- Mental and emotional anguish.
- Loss of enjoyment of life.
- Other intangible losses and damages.
This type of damages is called compensatory damages because they are intended to compensate an injury victim for their losses.
Punitive damages, also known as exemplary damages, are not intended to compensate an injury victim. Instead, they are designed to punish a wrongdoer and deter similar future behavior.
Punitive damages are rarely awarded in Oklahoma and are reserved for particularly egregious conduct.
At Warhawk Legal, our catastrophic injury attorneys work hard to recover all available damages and maximize client compensation.
What is the Timeline for Settling a Catastrophic Injury Case?
Each case is unique and subject to its own timeline. However, depending on their complexity, most cases settle within six months to two years. Some even settle within days or weeks.
Factors that may impact the timeline of a personal injury case include the complexity of your case, the length of your recovery, insurance company delays, and litigation.
Our attorneys work hard to build your strongest case and negotiate a fair settlement as quickly as possible.
The first step is to consult an experienced Oklahoma City catastrophic injury lawyer. At Warhawk Legal, we will listen to you, answer your questions, and explain your rights. If we take your case, we will investigate your accident to identify all possible causes and potentially liable parties.
The second phase is to file your claim and collect essential evidence to support your case. We will review any police reports, medical records, and witness statements. When necessary, we will consult experts to help prove the cause of your accident and the current and future value of your damages.
In the third phase, we will negotiate with the insurance companies or defense attorneys to reach a fair settlement of your case. We use the evidence collected to support our demand for payment of the full value of your claim.
If a fair settlement cannot be reached, we will proceed to the fourth stage and prepare for trial. Preparing for and completing a trial of your case will likely add several months, perhaps more than a year, to the timeline.
The Oklahoma City personal injury lawyers at Warhawk Legal are skilled, experienced negotiators. Nearly all of our cases are resolved without going to trial. We work hard to reach a fair settlement of your claim and get you your compensation quickly.
What To Do After Sustaining a Catastrophic Injury in Oklahoma City
The steps you take after an accident that results in a catastrophic injury can greatly impact your health and your rights to recover compensation for your damages.
Some helpful actions to take and ones to refrain from after a catastrophic injury include:
- Ensure your safety. Try to stay calm and get yourself out of the way of harm and to a safe location.
- Call 911. Get emergency medical help to address your immediate needs.
- Be evaluated. Have a complete medical evaluation after the accident. Some injuries, such as internal bleeding or organ damage, may not be immediately apparent but can result in death or permanent disability. You will need this documentation to help recover compensation.
- Documents the scene. If you are able, take photos and video footage of the accident scene.
- Get witnesses’ contact information. If there are eyewitnesses to the accident, be sure to get their contact information and, if possible, record their statements about the accident.
- Contact an Oklahoma City catastrophic injury lawyer. Do not speak to an insurance company until you have first consulted an attorney. Insurance companies are trained to get information from you that can be used against you to deny or devalue your claim. Let your attorney handle all communications with the insurance companies.
- Keep all medical appointments. Follow through with your treatment plan and any therapy appointments your doctor advises.
- Stay off social media. Insurance companies and defense attorneys comb through social media to find anything that can be used to defend against your claim. You may think a photo or comment is innocent, but they may find a way to use it to their advantage. Ask family and friends to refrain from posting photos or comments about you while your claim is pending.
- Take your Oklahoma City motorcycle accident attorney’s advice about what you should and should not do to help protect your claim.
What Are The Costs Of An Oklahoma City Injury?
When insurance companies present you with a settlement offer for your injuries, how can you be sure that you are getting a fair offer? The cost of a catastrophic injury in Oklahoma City can extend far into the future, which is why you should never base your compensation value on only the expenses you have already sustained. Fair compensation should include all the consequences of an injury, including:
- Past, current, and future medical expenses
- Physical and emotional therapy
- Lost income
- Loss of ability to work
- Permanent scarring or burns
- Loss of life enjoyment
- Pain and suffering
We take the time to sit with you to identify the unique factors in your injury to create a custom-tailored strategy to protect your future. Our Oklahoma City truck accident lawyers are proud to act on your behalf to help lighten the hardship of recovering after such a serious accident.
Contact An Oklahoma City Catastrophic Injury Lawyer
Do not let insurance companies try to convince you to accept a settlement that is less than you deserve. While you are focusing on your health, we can fight for the funds you need to cover the costs of your injury. Call our Oklahoma City accident lawyers at 405-397-1717 or email us to schedule your initial consultation today.