Tulsa Accident Lawyers

What To Know About Personal Injury Law

We understand that when a person is injured in an accident, there are so many physical issues to deal with – the pain, the treatments, the rehabilitation, and recovery, that it can be overwhelming to try to deal with the financial issues accident injuries cause. Many accident victims – especially if their injuries are serious ones – are unable to work while they recover, which also means they are not receiving their paychecks. The pile of unpaid household expenses began to pile up along with the medical bills, often causing the victim terrible stress that can even impact their recovery.

The good news is that state law allows victims of accidents caused by another party to pursue personal injury claims and/or lawsuits against that party to recover the losses their injuries have caused them. This process can be a complex one, but a personal injury lawyer can help.

Proving Negligence

In order to be successful in a personal injury claim, the victim must show that the other party or parties were negligent in their actions or behavior and it was that negligence that caused the accident, resulting in the injuries.

Take for example car accidents. Every driver has a duty of care to operate their vehicles safely. When a driver acts or behaves in a way that violates that duty of care – such as by speeding, drinking and driving, or engaging in distracted driving behaviors – they are considered legally negligent and liable for the victim’s losses.

Personal Injury Claims

In most accident cases, the at-fault party’s insurance company will be the entity paying the victim’s losses. This means that your Tulsa personal injury lawyer will file a personal injury claim with the insurance company before any type of lawsuit is filed with the courts. Your lawyer will review all of your losses to determine how much the insurance company should reimburse you.

The next step is to send the insurance company a demand for that amount. It is rare that the insurance company will immediately agree to that amount and this is where the negotiations begin. Your lawyer will need to demonstrate that the other party was negligent, that negligence caused your injuries, and that the amount of damages you are requesting covers your losses.

Personal Injury Lawsuits

The majority of personal injury claims settle before they ever reach the lawsuit stage. This is because insurance companies know that lawsuits are expensive to litigate and in most cases, the victim has a legitimate claim.

However, there are situations where the two sides cannot agree on a settlement amount. At this point, the victim’s lawyer files a lawsuit in order for a jury to decide if the at-fault party is liable and – if so – how much they should pay the victim.

Even cases that are being litigated can still reach a settlement, right up until the jury announces its verdict.

Contact Our Personal Injury Law Firm

If you have been injured in an accident, contact Wandres Law Injury and Accident Attorneys to schedule a free case evaluation with a skilled personal injury lawyer.

Evidence Reviewed In A Personal Injury Case

Our Tulsa accident injury lawyer understands how to thoroughly evaluate evidence in a case and determine what kind of financial compensation victims are entitled to get. They begin by gathering all relevant evidence, such as medical records, accident reports, witness statements, and expert opinions. They carefully review and analyze each piece of evidence to assess its credibility, reliability, and admissibility in court. 

1. Photographs and Videos: Common types of visual evidence such as photographs and CCTV footage can be instrumental in a personal injury case. Pictures or videos of the accident scene, injuries sustained, and property damage can provide tangible evidence of the severity of the incident. They can also help recreate the scene and demonstrate how the injury occurred, strengthening the victim’s claim.
2. Witness Testimonies: Eyewitnesses who saw what happened when the accident occurred can provide critical evidence in a personal injury case. Witness accounts can corroborate the victim’s version of events, provide details about the circumstances leading up to the incident, and offer an unbiased perspective on what happened. Witness testimonies can be collected through depositions, interviews, or affidavits and can greatly strengthen the victim’s case.
3. Expert Opinions: Our Tulsa accident lawyers may want to interview key expert witnesses such as doctors and paramedics while they are handling personal injury investigations. Medical experts, accident reconstruction specialists, and other qualified professionals can provide their opinions based on their specialized knowledge and expertise. For example, a medical expert can testify about the severity of the injuries, the long-term impact on the victim’s health, and the cost of ongoing medical care. Expert opinions can help establish causation, liability, and the extent of damages, providing critical evidence to support the victim’s claim.
4. Financial Records: A personal injury lawyer may want to review financial documents like pay stubs and bills to collect information and calculate damages. This may include medical bills, receipts for out-of-pocket expenses, lost wages or income, and other financial documents. Financial records provide tangible evidence of the financial impact of the injury, helping to calculate the appropriate compensation for the victim’s economic losses.
5. Past and Future Medical Records: In addition to current medical records, investigators can also review past and future medical records for a personal injury accident. Past medical records can provide evidence of pre-existing conditions, while future medical records can estimate the cost of ongoing medical care related to the injury. These records can help establish the need for ongoing medical treatment and the associated costs, which can be critical in determining the compensation amount.
6. Police Reports: Police reports can be valuable evidence in a personal injury case, especially in cases involving motor vehicle accidents or other incidents involving law enforcement. Police reports typically include details about the incident, witness statements, and observations made by law enforcement officers at the scene.  The information documented in these reports are valuable and can help to portray a clearer picture about how the accident occurred. 

Personal injury lawyers use their experience and expertise to identify any gaps or inconsistencies in the evidence and may consult with experts or conduct further investigations to bolster their case. Contact a trusted Tulsa personal injury lawyer from Wandres Law Injury and Accident Attorneys for assistance with building a persuasive case argument so that you can recover fair compensation.

Tulsa Personal Injury Statistics

According to national statistics, more than 400,000 personal injury cases are filed each year; however, less than 5 percent ever go to trial. The majority are settled out of court. Motor vehicle claims are the leading cause of claims filed, accounting for more than 50 percent. Slip and fall claims account for approximately 20 percent of claims.

If you have been injured by another party, call our injury lawyer to find out your legal options.

Personal Injury FAQs

As your Tulsa accident lawyer, we’ve compiled answers to some frequently asked questions regarding the role of negligence in personal injury accident claims. Be sure to give us a call if you require individual attention with injury related matters of law. Our team at Wandres Law Injury and Accident Attorneys is here to help in any way we can.

What is negligence, and how does it relate to personal injury claims?

Negligence is a legal concept that refers to the failure to exercise reasonable care, resulting in harm to another person. In personal injury cases, negligence is often the basis for a claim or lawsuit.

To prove negligence, the injured party (plaintiff) must show that the other party (defendant) owed a duty of care, breached that duty of care, and caused the plaintiff’s injuries. For example, in a car accident, a driver owes a duty of care to other drivers on the road. If that driver is texting and driving and causes an accident, they may be found negligent.

What are the elements of a negligence claim?

There are four elements of a negligence claim: duty, breach, causation, and damages.

Duty refers to the legal obligation to act with reasonable care. Breach occurs when the defendant fails to meet that duty of care. Causation means that the defendant’s breach caused the plaintiff’s injuries. And finally, damages refer to the harm suffered by the plaintiff as a result of the defendant’s actions.

All four elements must be present to prove negligence and hold the defendant responsible for the plaintiff’s injuries.

How is negligence proven in a personal injury case?

Proving negligence requires evidence that shows the defendant’s actions or inaction caused the plaintiff’s injuries. This evidence can include witness testimony, medical records, photographs of the accident scene, and expert opinions.

To establish negligence, the plaintiff must show that the defendant had a duty to act with reasonable care, breached that duty, and caused the plaintiff’s injuries. The plaintiff’s lawyer will present evidence and arguments to demonstrate each of these elements.

What if the plaintiff was partly at fault for the accident?

In some cases, the plaintiff may have contributed to the accident or their injuries. This is known as comparative negligence or contributory negligence.

In states that follow comparative negligence, the plaintiff’s damages will be reduced by their percentage of fault. For example, if the plaintiff is found to be 20% at fault for the accident, their damages will be reduced by 20%.

In states that follow contributory negligence, the plaintiff may be barred from recovering any damages if they are found to be even 1% at fault for the accident.

How are damages calculated in a negligence claim?

Damages in a negligence claim are typically calculated based on the plaintiff’s medical expenses, lost wages, and pain and suffering. Medical expenses include the costs of treatment, rehabilitation, and any future medical care needed.

Lost wages refer to the income the plaintiff lost as a result of their injuries, including future lost income if they are unable to return to work. Pain and suffering are non-economic damages that compensate the plaintiff for physical and emotional pain and loss of enjoyment of life. In some cases, punitive damages may also be awarded to punish the defendant for particularly egregious behavior.

For assistance with building a persuasive case argument so that you can recover fair compensation be sure to contact our trusted Tulsa personal injury lawyer from Wandres Law Injury and Accident Attorneys when you are ready.

Personal Injury Glossary

If you’re looking for a Tulsa personal injury attorney, it’s helpful to understand some of the legal language you may come across during the process of a personal injury claim. While we guide our clients through each step, having a basic understanding of a few common terms can help make conversations more productive and informed. Below, we’ve defined several key terms that relate specifically to injury claims, courtroom procedures, and how cases move forward.

Contingency Fee Agreement

A contingency fee agreement is a payment structure used in most personal injury cases where a client does not pay legal fees upfront. Instead, the lawyer’s fee is a percentage of the settlement or court award. If the case is unsuccessful, the client typically does not owe any attorney’s fees. This type of arrangement allows individuals to seek legal representation even if they don’t have the means to pay for it at the beginning of the process. The percentage can vary depending on the complexity of the case and whether the case goes to trial. We use these agreements so clients can focus on their recovery without the pressure of immediate legal costs.

Medical Lien

A medical lien gives a healthcare provider or insurance company the right to be repaid for medical services out of a personal injury settlement or award. When someone is injured and receives medical treatment, but can’t afford to pay upfront, the provider might agree to treat the person in exchange for a lien. This means they’ll be paid directly from any settlement proceeds before the client receives their portion. Medical liens are legally binding and must be cleared before final disbursement of funds. We help clients review and manage liens to avoid overpayment and protect their share of the recovery.

Demand Letter

A demand letter is a formal written request sent to the at-fault party’s insurance company outlining the basis of a personal injury claim and the compensation being requested. It includes a summary of the incident, the injuries sustained, medical treatment received, and any other related losses such as lost wages. The letter typically serves as the starting point for settlement negotiations. Crafting a strong, well-documented demand letter is one of the most important steps in the early stages of a case. We prepare this letter only after gathering complete documentation to support our client’s claim.

Deposition

A deposition is a recorded out-of-court session where a witness or party answers questions under oath, typically as part of the pre-trial discovery process. Attorneys from both sides are present, and the testimony is transcribed by a court reporter. Depositions can be used later in court if needed. They help each side understand the other’s position and prepare for trial or settlement. While depositions can be intimidating, we help our clients prepare thoroughly by reviewing the types of questions they may be asked and advising them on how to respond clearly and accurately.

Mediation

Mediation is a form of alternative dispute resolution where both parties in a personal injury case meet with a neutral third-party mediator to attempt a resolution before trial. It’s a voluntary and non-binding process, but one that often results in settlement without the need for court. The mediator helps each side see the strengths and weaknesses of their positions and explore possible agreements. Mediation can save time, reduce legal costs, and allow more control over the outcome. We typically recommend it when the other party appears open to resolution and the case could benefit from a faster resolution.

Get In Touch With Our Team

If you or someone you know needs help from an experienced Tulsa personal injury lawyer, we are available to walk through the process, answer questions, and advocate on your behalf. At Wandres Law Injury and Accident Attorneys, our goal is to help you focus on recovery while we handle the legal side of your case. Let’s talk about your situation and see how we can assist—reach out for a free consultation today.