This content written for Willhoite Law, PLLC.
If someone has experienced an injury due to the carelessness of another person or as a result of a product defect, the person is eligible to claim financial compensation for their damages and injuries. As a trusted Oklahoma personal injury attorney, Willhoite Law, PLLC is dedicated to defending the rights of injury victims and their families. We understand the difficulties victims can face after suffering from a personal injury. If you have a case against the party responsible for causing your injury, there is no risk in finding out if you may be entitled to compensation.
Do You Have a Personal Injury Case?
The main factor in a personal injury claim is whether you are able to prove your accident and resulting injuries that were caused by the other party’s negligence. To do this, there are four elements of negligence that must be present in your case. It includes the following factors:
- Duty of Care:
The first element our Claremore law firm will look for is that the at-fault party owed you a duty of care to ensure your safety. This means the other party involved in your accident had an obligation to act in a gentle and careful manner that would avoid causing you harm.
- Breach of Duty:
The next element that must be present in your claim is that the at-fault party breached its duty. This means the other party failed to exercise reasonable care to ensure your safety. A breach of duty might involve reckless or negligent behaviour that differs from the way a reasonably careful person would have acted under similar circumstances.
The third element that must be present in your personal injury claim is causation. This requires that your injuries were a direct result of the at-fault party’s failure to exercise reasonable care. However, the at-fault party does not have to be solely responsible for the accident in order to prove causation. It only needs to be proven that the at-fault party’s negligence contributed to the accident. This means your injuries would not have occurred had the at-fault party behaved in a different manner.
Finally, you must have suffered damages as a result of the at-fault party’s negligence. This refers to the measurable losses you suffered after the accident such as your medical expenses and lost wages. To prove that you suffered damages after an accident, your attorney will need to gather evidence that details the financial losses you have experienced. This can include documents detailing the cost of your medical treatment or employment records stating the wages you lost while you were recovering.
How much is Your Personal Injury Case Worth?
All too often, the suffering faced by accident victims extends beyond physical and mental injuries. Victims can also suffer from financial burdens from expensive medical treatment and loss of income if a victim’s injury prevents him or her from working.
At Willhoite Law, PLLC, our personal injury attorney understands that no amount of money can change what has happened to you. However, filing a personal injury claim may help you receive the compensation you need to recover from your financial losses.
The Types of Compensation you are able to recover through a personal injury claim:
- All medical expenses
- Lost wages
- Loss of earning capacity
- Cost of a caregiver
- Medical assistive equipment
- Property damage
Victims may also be entitled to additional compensation for the uncertain losses they suffered. This is referred to as noneconomic damages and includes compensation for:
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
- Loss of companionship
How Can a Personal Injury Lawyer Help You?
If you are dealing with a personal injury claim, it may be difficult to handle legal matters alone for most people. Many injured persons require the help of an experienced attorney who has deep knowledge of Oklahoma’s personal injury laws and experience working with insurance companies to achieve fair and accurate results. Insurance companies in Claremore will try to settle a claim as quickly as possible for the lowest amount of compensation possible. Unfortunately, this offer rarely matches with the true amount the victim’s claim is worth.
However, a personal injury lawyer from our legal team will work as your advocate during the claims process. He or she will understand the true value of your claim and will work with the insurance company to help you receive the compensation you deserve.
A personal injury attorney can help to build a strong case on your behalf that supports your claim. This includes:
- Investigating your accident and the at-fault party’s actions to determine his or her level of fault.
- Evaluating your injury and how it has affected your life to determine the value of your claim.
- Collecting your medical documents, employment records and any other documentation that shows the financial losses you suffered.
- Obtaining police and accident reports detailing the accident.
- Handling insurance companies and attorneys representing the at-fault party.
Hire a Personal Injury Lawyer?
If you believe you were injured because of another’s negligence, it may be in your best interest to work with an experienced Claremore personal injury attorney to help you with your claim. This is especially important if:-
- Your injury was caused by the negligence of one or more parties.
- You suffered a serious injury that is expected to have a long-term or permanent effect on your life.
- An insurance company has asked you to provide a statement on the record or to sign a release form.
- You believe an insurance company is using your statement against you to deny your claim.
- An insurance company offers you a low compensation that does not compensate you for your hospital expenses or other financial losses after the accident.
- Your personal injury claim has been denied.
If you believe you need help with your claim after an accident, it is important to consult with a personal injury attorney in Claremore. Your attorney will work for a satisfactory compensation you will receive from insurance companies or other attorneys involved in the case.
Call Willhoite Law, PLLC for a free consultation on your injury case.