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Crash between truck, agricultural sprayer leaves Sentinel man dead

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Washita County, OK (October 7, 2019) – The OHP is investigating after the driver of an agricultural sprayer failed to yield at a stop sign and hit a truck, killing the driver.

It happened Monday night on SH 55 and County Road 2160, just east of Sentinel, OK in Washita County.

Officials say the driver of the sprayer failed to yield at the stop sign and drove into the path of 57-year-old Sentinel resident, John King.

King was pronounced dead at the scene.  The driver of the sprayer was taken to the hospital in stable condition.

Our condolences go out to Mr. King’s family.

Collisions in Oklahoma

Each day across Oklahoma, accidents, and negligence cause innocent people to suffer serious injuries or even death.  If you or a loved one have been the victim of a personal injury, it can be very difficult to navigate the legal process on your own.  To compound matters, insurance companies get involved in your case with the sole purpose of paying you the lowest amount of money as legally possible.  These insurance companies have lawyers and will use them to gain every advantage to accomplish this purpose.  The is also a time frame to file a personal injury lawsuit which is why it is convenient to hire Wandres Law, PC.  For a free consultation or to speak with an attorney, send us an email or call us at (918) 641-4044.

Note: Information provided in these posts comes from outside sources.  Details have not been independently confirmed by us.  If you notice any information that in not correct, please contact us as soon as possible so we can correct it.

 

Related: What are the most common reasons for truck accidents in Oklahoma?

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Grady Co. volunteer firefighter killed in crash near Fort Cobb

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Caddo County, OK (September 13, 2019) – Grady County Fire Department officials confirm a volunteer firefighter was killed in an off-duty crash near Fort Cobb.

It happened around 1:30 Thursday afternoon.

According to the Grady County Fire Department Facebook page, 21-year-old Acme Firefighter Jeffrey Blaine Alexander of Marlow was killed in the crash.

Courtesy: Grady County Fire Department

According to law enforcement, a semi was traveling eastbound on County Road 1380. Alexander was driving a pickup truck traveling northbound on County Street 2550.

The semi truck failed to stop at a stop sign and hit the pickup. The semi overturned and landed on the passenger side. The pickup rotated and left the road to the right.

Alexander was ejected and pinned under the trailer of the semi.

He was pronounced dead at the scene by Apache EMS. The driver of the semi as well as a passenger in the pickup were not injured.

Our condolences go out to Mr. Alexander’s family and the entire Grady County Fire Department.

Collisions in Oklahoma

Each day across Oklahoma, accidents, and negligence cause innocent people to suffer serious injuries or even death.  If you or a loved one have been the victim of a personal injury, it can be very difficult to navigate the legal process on your own.  To compound matters, insurance companies get involved in your case with the sole purpose of paying you the lowest amount of money as legally possible.  These insurance companies have lawyers and will use them to gain every advantage to accomplish this purpose.  The is also a time frame to file a personal injury lawsuit which is why it is convenient to hire Wandres Law, PC.  For a free consultation or to speak with an attorney, send us an email or call us at (918) 641-4044.

Note: Information provided in these posts comes from outside sources. Details have not been independently confirmed by us.  If you notice any information that in not correct, please contact us as soon as possible so we can correct it.

Tulsa Personal Injury Attorney

Stigler Man Dies After Crash with Semi Truck

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Haskell County, OK (August 15, 2019) – A Stigler man dies nearly two weeks after a crash with a tractor-trailer.

55-year-old John David Thompson was driving his Ford pickup when the driver of a tractor-trailer ran the stop sign on Oklahoma 9.

Authorities say 58-year-old Feliciano Rosas was driving a Freightliner when he ran a stop sign and T-boned Thompson’s pickup.  Thompson was pinned in the pickup for almost 20 minutes before being airlifted to St. Francis in Tulsa, where he was admitted in critical condition.  Thompson died August 27.

The two passengers, Steven Ishcomer of Oklahoma City and Virginia Doge of Ada were taken to a McAlester hospital where they were treated for minor injuries.

Our condolences go out to Mr. Thompson’s family.

Collisions in Oklahoma

Each day across Oklahoma, accidents, and negligence cause innocent people to suffer serious injuries or even death.  If you or a loved one have been the victim of a personal injury, it can be very difficult to navigate the legal process on your own.  To compound matters, insurance companies get involved in your case with the sole purpose of paying you the lowest amount of money as legally possible.  These insurance companies have lawyers and will use them to gain every advantage to accomplish this purpose.  The is also a time frame to file a personal injury lawsuit which is why it is convenient to hire Wandres Law, PC.  For a free consultation or to speak with an attorney, send us an email or call us at (918) 641-4044.

Note: Information provided in these posts comes from outside sources. Details have not been independently confirmed by us.  If you notice any information that in not correct, please contact us as soon as possible so we can correct it.

 

Related Post: What are the most common reasons for truck accidents in Tulsa, Oklahoma?

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Is the Settlement from a Personal Injury Lawsuit Taxable?

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After a serious, injury-causing accident that resulted in significant losses, taxes are probably the last thing you want to think about. However, taxes are a reality, and legal judgments are subject to complex IRS tax rules. The good news is that, in most cases, a personal injury settlement or award will not result in additional tax liability. The following is a brief overview of tax rules regarding your injury-related settlement.

Compensation for Physical Injuries or Sickness

For the most part, compensation for losses arising from a personal physical injury or sickness is not considered to be taxable income. This can include recovery for:

  1. – Medical expenses
  2. – Lost income
    – Pain and suffering
    – Emotional distress and mental anguish

While most personal injury plaintiffs get to keep their entire settlements tax-free, there are a couple of important exceptions to this rule.

First, some of your compensation for medical expenses may be taxable. While your lawsuit was pending, you may have paid for certain medical treatments out-of-pocket while you waited for your settlement check. You might have then deducted those medical expenses from your taxes in previous years. If you received a tax benefit due to the deduction, you must claim the amount of that benefit as income once you receive compensation for the deducted expenses. This can be a complicated task, especially if you deducted medical expenses in multiple years.

Additionally, damages for emotional distress and mental anguish are only tax-free if the distress stemmed from physical injuries. For instance, if you suffered a disabling spinal injury and can no longer walk, you may experience depression and other mental problems as a result. This stems from a physical injury and, therefore, you will not include thus compensation as taxable income. However, if you suffered emotional trauma for a reason other than a specific injury, that compensation may be taxed.

Punitive Damages

If someone acted particularly egregiously when they injured you, you may receive punitive damages on top of your compensatory damages. Punitive damages are always taxable. If you receive a settlement or a verdict that includes punitive damages, it is important to make sure the settlement is divided to make clear how much is compensatory and how much is punitive. You will need to include your punitive damages as taxable income on your returns.

When you have a pending personal injury case, never hesitate to discuss the issue of taxes with your lawyer. Maybe you will decide not to deduct medical expenses before receiving a settlement or take other steps that may simplify the tax process and help you keep as much compensation as possible – if not all of it.

Call Us Today to Schedule a Free Case Evaluation with a Tulsa Personal Injury Attorney

If you have been injured in an accident caused by someone else’s negligence, it’s highly advisable that you speak to an experienced lawyer as soon as you can. To schedule a free case evaluation with a personal injury attorney in Oklahoma, call Wandres Law, PC today at (918) 641-4044 or contact us online.

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What Happens if My Personal Injury Case Goes to Court?

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If you have been injured in an accident such as a car accident in the Tulsa area that left you injured and it was the fault of another party, you may want to file a personal injury claim. Doing so will give you the opportunity to potentially collect compensation for your medical bills, property damage, lost wages and pain and suffering. However, although most personal injury claims stemming from accidents are settled by insurance companies, others end up going to trial. It’s important to know what to expect in the event that happens with your case.

  • Jury Selection
  • In many personal injury cases, a jury of 12 or fewer people is selected to hear about the facts of the case. Members of a jury are chosen during the initial stage of a trial. Potential jurors are selected and asked various questions so the judge can learn more about them and where they stand in terms of this type of case. They are then able to determine if those individuals would be good candidates to serve on the jury or if they may have certain biases that might prevent impartiality.

  • Opening Statements
  • After the jury is selected, both the prosecution and the defense make their opening statements. Generally, the plaintiff or supposed victim’s lawyer starts because they have the burden of proof in the case.

  • Presentation of Evidence
  • After the opening statements, the next step is the injury attorney (chosen by the plaintiff) presenting the plaintiff’s case. The attorney calls witnesses who can testify to back up the evidence that is presented. Some of these are actual witnesses to the accident itself, but their doctor may also be present as a witness to testify about the injuries the plaintiff has suffered, any ongoing medical treatment they may require and their prognosis for a full recovery.

    After the plaintiff’s attorney has presented any relevant evidence, the defense has its opportunity to present their own. The same formula applies, with witnesses being called to testify but the ones who support the defendant’s side.

    Both parties also get the opportunity to cross-examine witnesses. This means that the prosecutor gets to ask the defense’s witnesses their own questions and vice-versa.

  • Closing Arguments
  • After each side has presented their evidence, they give closing arguments. This gives both the prosecution and defense the chance to try and persuade the jury to find in their favor based on the evidence.

  • Jury Deliberation and Subsequent Verdict
  • After the closing arguments, the jury deliberates in a separate room so that they can come to a conclusion or verdict. The majority of cases of this nature see the jury reaching a verdict in only a few hours, but it can take several days.

    After a verdict is reached, the jury informs the judge. The jury is then returned to the courtroom and the verdict is announced to both parties.

    If you have suffered a personal injury and want to initiate a personal injury claim, contact Wandres Law, PC at your earliest convenience. You will have the chance to discuss the details of your case with an experienced Tulsa Personal Injury Attorney, and if you decide to choose Patrick Wandres as your attorney, he will work with you to create a legal plan of action designed to get the best possible outcome in your case.

    To read more about our Tulsa Personal Injury Lawyer, please visit our site.

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    How Does the Personal Injury Legal Process Work in Tulsa?

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    If you suffered injuries as a result of the carelessness and negligence of somebody else in or around Tulsa, there are certain procedures that you must follow when seeking compensation for the damages that you suffered. By following these procedures, the chances of recovering compensation for your damages increases dramatically. If you fail to follow the procedures required by Oklahoma law, your claim for damages can be significantly devalued or even denied. Those are two very good reasons why you should speak with Tulsa personal injury lawyer Patrick Wandres at the Wandres Law firm. Here’s the third.

    The Statute of Limitations
    12 OK Stat. Section 1295 sets a time limit of two years from the date of your accident for you to file a personal injury lawsuit. There are very few exceptions to that rule. Evidence can be lost or misplaced and witnesses can vanish into thin air. You and your family are going to be overwhelmed with medical bills and emotions. That’s why you want to meet with and retain Patrick Wandres to represent you as soon as possible after your accident. He will do whatever he can to secure that evidence.

    The Opposing Insurer
    Insurance companies stay profitable by depositing premium checks and investing that money to make even more money. In efforts to maintain the bottom line and please their shareholders, they will pay out as little as possible or even nothing on claims. On that basis, opposing insurer on your case will do whatever legally needs to be done to try and devalue or deny your claim. One of the major ways that they attempt to do that is by contacting you by phone and asking you to provide a recorded statement. Oklahoma law doesn’t require you to give a statement without an attorney being present. Politely refuse to give any type of a statement. That insurer only wants to try to use your own words against you in the future to attack your credibility when trying to devalue or deny your claim. Contact Tulsa personal injury lawyer Patrick Wandres to arrange for a free consultation and case evaluation. You’re going to need him as soon as possible before that other insurer can wrest control of your case from you.

    Comparative Negligence
    In it’s continuing effort to devalue your case, the opposing insurer will allege that you were partially at fault for the accident. That’s called comparative negligence in Oklahoma. OK Stat. Section 23-13 governs comparative negligence in Oklahoma. If you are determined to be partially at fault for an accident, in order to recover compensation, your contributory negligence can’t be more than 50 percent of the cause of the accident. Otherwise, you can’t recover anything.

    Contact the Wandres Law firm right away after being seriously injured in any accident. We promise to listen to you carefully and answer your questions. After that, we’re going to advise you of all of your legal options. Arrange for that free consultation sooner rather than later.

    Please visit our personal injury page for more information.

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    What is the Statute of Limitations for Personal Injury in Oklahoma?

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    Under Oklahoma law, if you have suffered a personal injury due to someone else’s negligence or fault, you may be able to file a claim against the at-fault party. In most cases, you have up to two years after the event to file a lawsuit against that person. That two-year statute of limitation often begins on the date of the original incident.

    Why Does Oklahoma Impose a Statute of Limitations on Personal Injury Lawsuits?

    Oklahoma imposes time limits on filing lawsuits for two main reasons;

    1. It protects the integrity of evidence. Time is the enemy when it comes to evidence, as memories begin to fade and physical evidence can become lost or damaged. Imposing a statute of limitations makes it more likely that evidence remains intact so the courts get a true representation of the facts of a case.
    2. It prevents a plaintiff from using threats of a lawsuit against a potential defendant indefinitely.

    Are There Exceptions to the Two Year Statute of Limitations?

    In almost all cases, the two-year statute of limitations starts on the date of the original personal injury. However, there are known exceptions. Here are some of the most common cases that have the two-year limit;

    – General personal injury

    Medical malpractice

    – Products liability

    – Wrongful death

    For example, if someone dies as a result of a personal injury, the statute of limitation remains two years, but it starts on the day that person died, instead of the date of the injury which caused the death. That is because a person can die days, months, or even years after an injury.

    Another important exception is when the injury is caused by an employee of the State, a municipality, or other entity covered by the Oklahoma Governmental Tort Claims Act. In these cases, the claim must be presented within one year of the date of loss or injury.

    Additionally, some injuries do not appear immediately after an incident. In those cases, the statute of limitations begins on the date when an injury was discovered or when it should have been discovered with reasonable care. A common example of this is when a surgeon leaves an instrument inside a patient during surgery. The discovery of that instrument may not occur for a long time after the surgery.

    Under certain circumstances, the statute of limitations may be temporarily delayed

    If the personal injury occurs to a minor, the statute of limitations works differently. If a child was under the age of 12 at the time of the injury, the parents or guardian of that child have up to 7 years after the incident to file a personal injury case on the minor’s behalf. If the child was between 12 and 17 at the time of the injury, the minor has up to one year after their 18th birthday to file a suit. However, the parents’ claim for reimbursement of medical or any other expenses related to the child’s injury would still be limited to two years.

    If the person who sustained the injury was mentally incompetent at the time of the injury, the statute of limitations can be halted until that person is considered mentally competent or until 7 years have passed since the original incident.

    Taking immediate action to avoid losing your case

    If you have been involved in an accident that resulted in a personal injury, the statute of limitations in your case has already started. Call Wandres Law today to schedule a consultation with one of our experienced legal team. We have helped many injury victims receive favorable outcomes in their individual personal injury cases.

    For more information on our Tulsa Personal Injury Lawyer, please visit our site.

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    How Long Does it Take to Settle a Personal Injury Claim in Tulsa?

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    If you have sustained an injury in an accident that was not your fault, you have the right to initiate a personal injury claim against the at-fault driver’s insurance company. In the Tulsa, Oklahoma area, just as in every state, there is a certain amount of time it takes to settle or resolve this type of claim. Generally, cases that are simple, with the extent of the plaintiff’s injuries being known and another person obviously being liable for the accident, such as a car accident involving a drunk driver, can be settled in a matter of weeks following the completion of course of any medical treatment. More complex cases can take many months or even years before they are resolved, whether through settlement or following a jury verdict at trial. It’s important to understand the timeline of a typical personal injury case in Tulsa.

    Investigation and Review of Medical Records

    Once you have received medical attention and found an experienced personal injury lawyer in Tulsa, OK, the lawyer has a lot of work to do. The first step is to conduct a thorough investigation into the accident which could include reconstructing the events using an accident reconstructionist expert. The attorney will also interview you to learn more about your background and about the facts of your case. They will also review your medical records to learn about your injury and any treatment you have received and any ongoing care you might require. This also involves going through all bills relating to your injury. This process, as a whole, can take a few months.

    Demand and Negotiation

    If your personal injury claim is smaler in nature, your personal injury attorney will make a settlement demand to the insurance company for the at-fault party. This generally takes place before a lawsuit is even filed, as many smaller cases are settled early on. The demand can be made to the other person’s attorney or their insurance company. In other instances, the lawyer may determine that it is best to go ahead and file the lawsuit on your behalf. The demand and negotiation don’t usually occur until you have reached maximum medical improvement ( MMI) This is when your medical treatment is over, and you have recovered as much as you possibly can. Up until this point, your attorney may not know how much your case is worth.

    After Your Lawsuit is Filed

    Once your personal injury lawsuit is filed, there is no telling exactly when the case may go to trial. It varies, but in general, it can take 10 months and up to two years for a personal injury case to be heard at trial. There is also a statute of limitations in Tulsa and the state of Oklahoma in general, which means a lawsuit must be filed within that time frame or the court will not hear the case.

    Discovery

    Discovery is the process where both parties investigate the other’s claims and defenses. Interrogatories (written questions that a party is required to answer) are sent to the other side and depositions of parties and witnesses take place. Discovery can take six months to a year to conclude.

    Mediation and Negotiation

    Next, both lawyers may discuss the settlement, which can take place either informally, or during mediation. Mediation takes place before a mediator to settle a case.

    Trial

    If mediation doesn’t work, the case goes to trial. Personal injury trials can last one day, a week or longer. Additionally, it’s important to know that just because a case is scheduled on a certain day for a trial, it doesn’t necessarily take place on that day. It’s common for trials to be rescheduled due to the judge’s schedule. This too can cause the case to take some time.

    If you are in Tulsa and need legal assistance, get in touch with one of the skilled personal injury lawyers in Tulsa, OK, at Wandres Law. Over the past decade, Patrick Wandres has represented hundreds of victims of personal injuries, ensuring they received the compensation, and more importantly the justice, they deserved and needed. He will sit down personally with you and discuss the details of your claim, and advise on the most efficient legal plan of action to bring your claim to a successful resolution.

    For more information please visit our site.

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    How to ensure that an insurance company appropriately evaluates your Personal Injury Claim Settlement

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    Are you wondering about ways to ensure that your personal injury claim settlement is appropriately evaluated by the insurance company? Evidence is key in claims. Ensure that you keep records of any visits to a doctor, physical therapists, and any other medical providers. It’s also immensely helpful to have photo evidence available of your injuries, as well as photos of the collision scene and the vehicles involved. Injury photos should include all bruises, scratches, swelling, and even any medical procedures used to treat your injury. As the old saying goes, a picture is worth a thousand words, and this is definitely true in personal injury claims.

    If you don’t have any of the evidence needed, it will make proving your claim more difficult. This is because injuries such as bruising or swelling will heal over time; leaving you little proof of the severity besides a possible reference to it in the medical records. Also, failing to seek necessary medical treatment will lead the insurance company to argue your injuries weren’t serious. Therefore, it’s important to seek treatment as soon as possible and to follow through with a medical provider’s recommendation regarding follow-up treatment.

    Keeping a written record of your daily struggles can help as well. Each day, take time to write out how you’re feeling and the difficulties you face. Many of our clients will use the dictation function on their smartphone to quickly note these. For a better understanding of personal injury law and the steps you should take, it’s best to contact a lawyer.

    If you’re in Oklahoma and in need of a personal injury lawyer, contact Wandres Law, PC. The team are experts in personal injury law and will help to ensure you maximize your settlement with the insurance company. It may seem easier to take things into your own hands, but to successfully obtain the maximum amount for your claim, it’s always best to consult a professional. After all, personal injury law can be a complex matter.

    For more information on our Personal Injury Lawyers please visit our site.

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    What Happens if I Get Into an Accident While in a Taxi or Uber?

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    Whether you’re taking a taxi or an Uber vehicle to get from one point to another in or around Tulsa, you’re a passenger. You’re not in control of the vehicle, so it’s highly unlikely that any negligence for an accident might be attributable to you. If your driver or the driver of another vehicle causes an accident, and as a result, you are injured, you’ll want to call 911 right away. Don’t get talked out of making that call. Since you’ve been injured, you’ll want paramedics to come to the scene to examine you and then transport you to the nearest emergency room. After that, you should contact Patrick Wandres at Wandres Law, PC.

    Insurance Coverage

    Any licensed taxi in Oklahoma must have liability insurance. In the event of an accident, you’ll be covered by the taxi’s liability insurance or the liability insurance of the of the third party driver who caused the crash. If you’re in an accident as an Uber customer, you’re covered with $1 million of liability, uninsured and even underinsured motorist coverage.

    Don’t Give a Statement

    Even though you were just a passenger, don’t give any opposing insurance companies any kind of statement. Oklahoma law doesn’t require you to give a statement to the opposing insurance company. That insurer might try to use your own words against you in the future to attack your credibility along with the nature and extent of your injuries.

    Contact Patrick Wandres here at Wandres Law, PC for a free confidential case consultation and review right away after being injured in an accident in Tulsa or anywhere else in Oklahoma. He doesn’t charge any legal fees unless he obtains a settlement or verdict for you. Tulsa personal injury lawyer Patrick Wandres wants to maximize any proceeds that you might receive from your settlement or lawsuit.

    For more information on our Tulsa Personal Injury Lawyers please visit our page.

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