Accidents happen. They’re the reason you have a hole in your favorite sweatshirt or a coffee stain on one of the pages of your favorite book.
But some accidents are just too big to handle on your own. Some accidents, whether negligent or intentional, call for justice.
As humans, we long for justice. It’s why we always root for Luke Skywalker every time he goes head-to-head with Darth Vader. And guess what? In the end, the good guy always prevails.
Unfortunately, in real life, not all situations can be black-and-white like the classic good vs. evil trope that we see in Hollywood all the time.
Life is a little more complicated than fiction.
If you or your loved one have suffered a personal injury caused by someone else’s actions, you might be wondering what your next steps are and if you even have a case. You know you’ve been wronged, but how do you make it right?
There are several factors to consider when evaluating whether or not you have a personal injury case. They vary from case to case because “injury” is such a broad term. Here are some ways to determine if you have a personal injury case and whether or not it is worth pursuing.
What do personal injury cases entail?
Personal injury is the direct result of someone else’s wrongful actions, whether intentional or negligent. As a result, these cases involve a wide spectrum of different scenarios.
If you’ve been harmed due to someone else’s negligence, then you deserve compensation. However, sometimes it’s difficult to know whether or not to take action in court.
Potential injury compensation includes:
- Pain and suffering
- Medical procedures and treatments
- Loss of income
- Lost earning capacity
A myriad of injuries could fit into these categories: car and trucking accidents, construction accidents, workers compensation, and wrongful death.
Your attorney will work with you to determine whether or not you have a personal injury case worth pursuing.
Evaluating the Worth of Your Case
If you or your family member’s injury falls into at least one of the four categories above, then you likely have a personal injury case on your hands. It’s time to take the next step. Contact a personal injury lawyer for a free consultation.
The process isn’t the same for everyone because every case is unique. When you come in for a free case review, your attorney will advise you on your next steps in direct relation to your case.
Filing for a personal injury case is not something to take lightly. It is up to the person who files the lawsuit to prove that the defendant is guilty of his or her charges. For compensation for your suffering, we have to prove that your injury was the direct result of someone else’s careless actions.
In regards to your case, if your potential compensation isn’t enough to recompense you fairly and pay the attorney fees, then it is not in your best interest to pursue your personal injury case in court.
When consulting with your lawyer, you should discuss Oklahoma’s comparative negligence laws, which could sway your case or affect your potential compensation.
These laws apply to injuries as a result of an accident. When there is an accident, the fault or negligence of each person involved is based on the percentage of their contribution to the accident. This assigns a certain amount of blame to each party, restricting the damages a plaintiff can claim.
For example, there is a car collision. However, one person was speeding, while the other driver did not use their turn signal. Both parties would be at fault. Each person would have their damages decreased depending on their percentage of fault.
The court may even reduce the compensation of an injured party if that person is responsible for their own injuries.
What Evidence Do You Need to Have?
Evidence is an essential proponent of your case. Without it, you don’t have a case at all. Your attorney will work with you to gather evidence surrounding the incident and compose a list of witnesses who are willing to testify on your behalf.
To succeed in a personal injury case, you and your attorney will need to:
- Prove that the defendant was negligent
- Show that your injuries were the direct result of his or her negligence
- Give details of the effects of his or her negligence: injuries, emotional health, work, etc.
- File a timely claim that meets Oklahoma’s requirements.
Your attorney will go over your case with you to solidify all of the facts and form a case around your claim.
How Long Can You Wait to File a Personal Injury Case?
The amount of time you have to file a personal injury case depends on where you live in the United States. It is referred to as the statute of limitations.
In Oklahoma, you have two years to file for a personal injury case. This amount of time applies to cases born out of negligence and involving intentional tort. The two-year statute of limitation begins on the date of the incident.
If you think you have a personal injury case, you should consult with an attorney immediately. Don’t wait until the last minute to seek the justice you deserve.
Warhawk Legal Can Help
If you think you have a personal injury case, you don’t have to determine whether or not to take action on your own. Details can be convoluted, and law jargon can be overwhelming. At Warhawk Legal, you can meet with our team of experienced attorneys for a free case review.
Warhawk Legal works with you to determine if you have a personal injury case and if it is worth pursuing. When you consult with us, our attorneys will evaluate your case and advise you on your next steps.
At Warhawk Legal, we want to fight for the justice you are owed. No one should have to suffer due to someone else’s negligence. If you’re unsure or have more questions about your potential personal injury case, call Warhawk Legal today for a free case review.
You can do all of your research, but when it comes to your well-being and finances, trust Warhawk Legal to give you the best advice because we genuinely care about you.