Jan 17, 2017 | Important Issues
Every state, including Oklahoma, has enacted various statutes of limitations, which dictate the time limit for filing a legal claim with the courts. These filing limitations are applicable to both criminal and civil law matters. With respect to automobile accidents, the statute of limitations starts running from the day the accident occurred. Generally speaking, Oklahoma imposes a two-year statute of limitations for the following civil damages claims under Oklahoma Statutes Title 12, § 91, et seq:
- Personal Injury
- Products Liability
- Property Damage
- Wrongful Death
There are, however, some important exceptions to this general rule. For example, while in most cases the statute of limitations begins to run from the date of the injury (e.g., car accident, dog bite, etc.) in some cases the statute does not begin to run until the victim has knowledge of the cause of his or her injury. This is generally referred to as the “discovery rule.” Its use is common in cases such as when an individual is injured by a medication or pharmaceutical product that was later determined to have caused the injury (e.g., the now infamous Fen-Phen diet drug combination lawsuits, or the more recent claims against Johnson & Johnson for injury caused by use of its talcum powder).
In some cases, the limitations period is shorter than two years. For example, when an injury is the result of state, city, or municipal action, or caused by a state, city, or municipal employee, your statute of limitations is much shorter. Injuries caused by state, city, or municipal actions or actors require the filing of a Governmental Tort Claim Notice to the appropriate state, city, or municipal official within one year of the accident and prior to filing a case in the appropriate district court.
If you have been injured as a result of someone else’s negligence, you should first seek out appropriate medical treatment. Then, once you or your loved one are able, you should contact an attorney experienced in automobile accident matters. The preservation of evidence needs to begin immediately following your injury, and your attorney can handle this in conjunction with her investigation into the accident on your behalf. Your attorney also takes statements, gathers medical reports and bills, photographs the vehicles and location involved in the collision, and interviews witnesses. Your attorney also ascertains compliance with Oklahoma’s statute of limitations, ensuring that your personal injury or wrongful death claim is filed in a timely manner.
If you, or a loved one, have been injured in a car accident due to someone else’s negligence, call, Melissa Hedrick, for a free consultation at (405) 361-7844.
Sep 27, 2016 | Uncategorized
Part II: What Should I do if I’ve Been Injured in an Auto Accident?
This is the second installment of our two-part blog series in which our Oklahoma car accident attorney discusses steps you should take if you’ve been injured in an automobile accident. (Find the first installment here.) If you have specific questions, we invite you to contact the Hedrick Law Firm to learn about your rights.
Take Pictures and Get the Names and Contact Information of Witnesses:
Sometimes, due to your injuries, it may not be possible for you to take pictures of the scene. If you can, this may be important to your case later on, especially if fault is contested by the other party or their insurance company/defense attorneys. In this day and age, with cameras on almost every cell phone, even if you are unable to get photos, those who witnessed the accident, or passengers in your vehicle may be able to take photos. Consequently, in addition to taking photos, you should try to get the names and contact information of any witnesses who saw the accident and may be able to provide information as to which driver caused the accident later on. Usually, this is something the police will do, but some witnesses may leave prior to police arriving. It is, therefore, incumbent upon you to request this information, if your injuries allow.
Do Not Sign a Release Immediately Following an Accident:
A common tactic among insurance companies is to procure immediate settlement of cases before the injured party has had an opportunity to determine the extent of their injuries, or while they are still treating for those injuries. This usually occurs where the insurance adjuster will make an offer of settlement immediately following the accident for far less than the value of the claim. As part of this offer, however, the insurance company will require you to sign a release waiving any and all claims, which includes those that you may not even know exist. You should not sign any documents from the insurance company until they have been reviewed by an experienced Oklahoma car accident lawyer, so you can learn about your rights and legal options.
Do Not Agree to Settle for Policy Limits Without First Discussing Your Claim With An Oklahoma Car Accident Lawyer:
While it might seem reasonable to settle with the adjuster for policy limits, it may not be in your best interest. Again, any settlement will require that you sign a release that waives all claims. Policy limits can be extremely inadequate, especially if the other driver only carries the minimum coverage that is required under Oklahoma law. It is important not to waive your rights without legal advice because you might have the right to recover more against an excess liability carrier, other defendants, or underinsured motorist coverage.
Don’t Go It Alone – Seek Out the Representation of an Oklahoma Personal Injury Attorney:
Although some people attempt to handle their own personal injury claim, complex legal standards, evidentiary requirements, and procedural hurdles make the civil litigation system virtually impossible to navigate without an experienced lawyer. The cost of pursuing a claim can be tens of thousands of dollars, so most people cannot afford the war chest necessary to take on large insurance companies in court. The best approach is to work with an experienced personal injury attorney with a track record of obtaining large judgements and/or settlements in similar types of cases.
If you have been injured in a motor vehicle collision, our Oklahoma Personal Injury Lawyer has successfully represented many car crash victims in obtaining compensation for their injuries. At Hedrick Law Firm, we are here to help. Contact our firm today at 405-361-7844 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
Sep 20, 2016 | Uncategorized
Steps To Take If You’ve Been Injured in a Car Accident?
This is the first of a two-part series in which our Oklahoma car accident attorney discusses steps you should take if you’ve been injured in an automobile accident. This is especially important because when you are experiencing intense pain and the emotional distress associated with a car accident, your judgment can be understandably impaired. If you’ve been injured, you should take steps to protect yourself and ensure your physical and emotional health are taken care of. Since the liability of the other driver is not automatic, the actions an injury victim takes following a motor vehicle crash can have a profound impact on an individual’s ability to recover for their injuries and resulting medical care, time off work, and future pain and suffering.
At the Hedrick Law Firm we have made it our goal to tenaciously pursue the fullest financial recovery for victims of negligent drivers. Therefore, this two-part blog series is designed to provide you with proper information that will help to ensure you recover for your injuries.
Contact Police and Always Exchange Insurance Information if You Are Involved in an Auto Accident:
Drivers who do not immediately notice injuries sometimes fail to contact police, or fail to even exchange information with the other driver. The decision to forgo contacting police or obtaining driver’s license, insurance, and contact information from the other driver can have devastating consequences if you subsequently experience injury symptoms. The assumption that a lack of immediate injury at the scene of the accident means you were not injured is absolutely false. It is common for injuries to manifest in the hours subsequent to an auto accident – usually after the adrenaline and shock of the accident have diminished. Therefore, if you’ve been involved in an auto accident, you should contact police and exchange information with the other driver.
Never Agree to a Recorded Statement or In-Person Visit from the Other Driver’s Insurance Adjuster Without First Speaking to an Attorney:
Even if the insurance adjuster for the at-fault driver seems amicable, a recorded statement or face-to-face meeting without legal representation is an extremely bad idea. The job of the insurance adjuster for the other driver is to minimize the liability and payout of claims. It is not to ensure you are adequately compensated for your injuries and time off work. The adjuster will not be looking out for your interests and can use a recorded statement or in-person meeting to avoid or minimize payment of your claim. Recorded statements or in-person visits are not designed to facilitate settlement of your claim (although the adjuster for the other driver’s insurance company might tell you that this is the case). The purpose is to preserve a record of you saying things that undermine your claim. The answers you give to questions might be used to shift blame for the accident to you, or to establish that your loss is not as substantial as you are claiming.
Promptly Obtain Medical Attention If You Are Injured:
Sometimes, auto accident victims avoid ambulance rides or emergency room visits for fear of running up a hospital bill. Sometimes, the emotional upheaval and shock associated with an auto accident can mask symptoms arising from car crash injuries. Failing to obtain prompt medical attention at the first sign of injuries, however, can have devastating consequences, including a worsening prognosis, and the loss of valuable medical evidence. Further, it is a common tactic of insurance companies and defense attorneys to point to any delay in treatment as evidence that a claimant did not suffer serious injury, or that your injuries are not a result of the auto accident.
If you have been injured in a motor vehicle accident, our Oklahoma Car Accident Lawyer is here to help. Melissa Hedrick has successfully represented many car crash victims in obtaining compensation for their injuries. Contact our firm today at 405-361-7844 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
Aug 9, 2016 | Important Issues
Oklahoma Personal Injury Attorney Provides More Important Answers About Oklahoma Dog Bite Claims
This blog post is the second installment of our two-part series that addresses typical questions the Oklahoma personal injury attorney at Hedrick Law Firm receives. While this post provides answers to typical questions, the best way to obtain information about your unique circumstances is to speak to an experienced Oklahoma lawyer.
Are particular groups of people more likely to be the victim of a dog bite?
Yes. The Centers for Disease Control (CDC) estimates that 50% of children under age 12 experience injuries caused by a dog bite. Of those dog bites resulting in fatalities, 48% of those victims are children under age 14. Other groups typically at a higher risk of being victims of dog bites and dog attacks include the elderly, as well as those providing home services, such as meter readers and U.S. Postal Service carriers. In fact, the ubiquitous picture of a U.S. Postal Service carrier being chased and/or attacked by the family dog is grounded in reality, as 5,600 U.S Postal Service carriers are the victims of dog bites every year.
What legal deadlines apply to dog bite or dog attack injury claims in Oklahoma?
Oklahoma, like many states, has legal deadlines for various types of cases. This means a particular lawsuit must be filed within a certain period of time, or the claim may be permanently barred. While issues specific to each case may affect the limitation period, the general rule in Oklahoma is that a person injured by a dog attack must file their lawsuit within two (2) years of the date of the incident. Although two years seems like a long time, it is important that you contact an attorney immediately to analyze your specific scenario and deal with the insurance company while you, or your child, focuses on recovering from the injuries sustained as a result of the dog bite or attack.
What defense strategies might a dog owner and his or her insurance company use?
A common misunderstanding for many individuals is that defense strategies only begin when a lawsuit is actually filed. This is not true. In fact, once a dog bite and/or attack has occurred, the dog owner’s insurance carrier is already evaluating the claim to develop strategies to defend the claim and/or eventual lawsuit. This begins the minute the dog owner or insurance adjuster makes contact with you, seeking information as to the facts of the dog attack itself. While the actual defense strategy or strategies the insurance company might develop depends on the specific facts and circumstances of your case, some common approaches Melissa Hedrick, our Oklahoma personal injury attorney, frequently encounters include:
- Trespassing by the victim;
- Provoking the dog;
- Trivializing or disputing the injuries suffered by the victim;
- Unreasonable carelessness of the dog bite victim, an especially common defense where the dog bite or attack occurred in a rural community.
Our Oklahoma dog bite attorney analyzes your situation to determine the tactics the insurance company or dog owner will use to avoid taking responsibility for the injuries you suffered.
If you, or someone you love, has been the victim of a dog bite attack, our Oklahoma Personal Injury Lawyer, Melissa Hedrick, is here to help. Contact our firm today at 405-361-7844 to schedule your free consultation, so we can answer any questions you may have regarding your claim.
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