When you file a personal injury claim after an Oklahoma car accident, it’s crucial to account for all your losses from the crash. Getting an accurate assessment of all the ways the collision has affected your life is how you maximize your damages (the money you receive from an insurance settlement or award ordered by the court). But how do insurance companies and courts determine the financial total of your losses from a car accident?
The Oklahoma car accident lawyers at Ryan Bisher Ryan & Simons can accurately assess your losses from a crash. We’ve spent 40 years helping people like you claim fair compensation for their injuries, and we know how to gather evidence that fully demonstrates your losses and maximizes your potential compensation.
Categories of Damages in a Car Accident
How are damages assessed in a car accident claim?
Damages in an Oklahoma car accident claim fall into three major categories:
- Economic Damages – Your economic damages in a car accident claim compensate you for the direct financial losses you incurred from the collision. This category includes money for your medical bills, lost wages, future medical treatments you need, and any reduction in your future earning potential.
- Non-Economic Damages – Non-economic damages compensate you for your intangible losses from a car accident. For example, you can claim compensation for your pain and suffering from bodily injury, emotional distress, and reduced quality of life because of the crash.
- Punitive Damages – Punitive damages in a car accident case are unique because they are not meant to compensate for a loss you sustained. Instead, a judge or jury may award punitive damages to penalize the defendant and deter others from engaging in similar actions. You can only recover punitive damages if you take a car accident claim to trial and win. Oklahoma law also places strict limits on when juries can award punitive damages and how much money they can award. If you wish to pursue punitive damages in an auto accident claim, you’ll need a lawyer’s help.
Factors to Consider When Calculating Economic Damages
Your medical bills, lost income, and other economic losses from an Oklahoma car accident can take a significant toll. Here are some factors to consider when maximizing your economic damages in a car accident claim:
- Medical Bills: Include the cost of all your medical expenses, including hospital visits, surgeries, medication, and therapy.
- Lost Wages: Calculate the income you couldn’t earn due to the time you took off work to recover from the injuries you sustained in the accident.
- Future Medical Costs: If you need ongoing treatment, estimate these future expenses as part of your claim.
- Property Damage: Consider the cost to repair or replace your vehicle and any other belongings damaged in the accident.
- Transportation Costs: Make sure to account for expenses like renting a car or using public transport while your vehicle is being fixed.
- Home Modifications: If your injuries require changes to your home, like ramps or special equipment, include these costs in your claim.
Factors to Consider When Calculating Non-Economic Damages
When calculating your potential damages in a car accident claim, make sure to include your intangible losses from the collision. Your attorney will know how to translate those losses into dollars.
Here are some reasons a car accident victim could receive non-economic damages:
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Loss of Consortium
- Scarring and Disfigurement
- Reduced Quality of Life
How to Qualify for Damages After a Car Accident
You must show that the other driver or another party caused the crash and your resulting injuries to qualify for damages after an Oklahoma car crash. You must provide evidence that the liable party acted negligently. If they failed to take reasonable steps to prevent the accident, that could be considered negligence. An experienced attorney can gather evidence to support your car insurance claim or lawsuit, which may include:
- The police report about the accident
- Photos from the crash scene
- Photos of your car accident injuries
- Eyewitness accounts
- Surveillance footage
- Expert testimony
- Your medical records
- Documents of your crash-related expenses
What Is the Deadline for Seeking Damages After a Car Accident?
Oklahoma law sets the deadline to file a personal injury lawsuit at two years from the date you sustained your injury. If you miss this deadline, the courts will automatically dismiss your case and you’ll lose your chance to seek compensation for your injuries. Contact an attorney right away to preserve your right to compensation.
Who Is Liable for Car Accident Damages?
Multiple parties could be liable for your injuries in a car accident. A car accident lawyer can identify who may owe you damages for your losses, including:
- The other driver—If the other driver in the crash was speeding, distracted, impaired, or otherwise negligent, they could be liable for causing the crash.
- Car manufacturers—Automakers can be liable for a collision if a defective part contributed to the accident.
- Government agencies—Government entities responsible for road maintenance and proper signage could be liable for an accident if poor road conditions or faulty or missing signs or traffic signals played a role in the crash.
- Employers—If the driver who hit you was working when the crash occurred, their employer could bear some responsibility for the accident. Employers are responsible for making sure their drivers drive safely, are properly trained, and have the necessary qualifications.
- Pedestrians and cyclists—Cyclists and pedestrians who don’t obey the law may be liable for a crash if their actions lead to the accident. For example, a pedestrian who darts into traffic without looking for oncoming cars could be liable for a collision.
How Ryan Bisher Ryan & Simons Can Help You After a Car Accident
Our job is to make your life easier after an accident by handling all the legal work in your case. Our Oklahoma City car accident attorneys can file the necessary forms, navigate the claims process, deal with the car insurance company, gather evidence to support your claim, negotiate on your behalf for a fair settlement, and represent you in court if necessary. Our firm has years of experience with personal injury cases, so we have in-depth knowledge of these matters that we can put to work for you.
We’re ready to help you rebuild your life after an Oklahoma car accident. Contact Ryan Bisher Ryan & Simons today for a free consultation.
This article was previously published in December 2018 and updated for relevance in August 2024.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
