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If you have been hurt in a car accident in Oklahoma caused by another driver’s negligence, you may have the right to seek compensation for your losses. However, the actual value of your auto injury claim is not computed from a formula. Instead, it’s determined by several different factors, which together establish what is fair and reasonable in your unique situation. 

• Nature and severity of your injuries — Claims involving serious injuries, such as broken bones, traumatic brain injuries, spinal injuries, or injuries requiring surgery, are typically valued higher. This is because these injuries require more extensive medical treatment and longer recovery periods and sometimes result in permanent impairment or disability.

• Medical expenses — The total amount of your medical bills is a central piece of your claim’s value. This includes hospital stays, visits to doctors or specialists, costs for surgery, physical therapy or rehabilitation, prescription medication and any anticipated medical expenses that may arise in the future because of your injuries.

• Lost income and loss of earning capacity — If your injuries keep you from working, you can claim the wages you lost during your recovery. If your injuries result in ongoing disabilities that limit your ability to work in the same job or at the same earning capacity, you may claim compensation for future lost earnings as well. Calculating future losses often involves expert testimony.

• Pain and suffering — Not all harm from a crash is economic. You may also be entitled to damages for pain and suffering, which covers both the physical pain and the emotional stress arising from your injuries. Although harder to quantify, pain and suffering damages can be significant.

• Property damage — In addition to injuries, car crashes often result in substantial property damage. The costs associated with repairing or replacing your vehicle and any other lost property are included in your overall recovery.

• Establishing fault — To recover damages in Oklahoma, it’s vital to demonstrate that another party was primarily at fault for the accident. The degree to which you can recover damages depends largely on how fault is allocated among all involved parties.

• Insurance limits — The amount you are able to recover can also depend on the insurance coverage available. If the at-fault driver has substantial insurance, it’s more likely you will receive the full value of your claim. In cases where the negligent party is uninsured or underinsured, other avenues, such as your own policy, may be explored.

Oklahoma’s modified comparative negligence rules may significantly impact the amount you are ultimately able to recover. If you are found to be partially responsible for the accident, your compensation will be reduced in proportion to your percentage of fault. Furthermore, if you are 50 percent or more to blame, you are not eligible for any recovery at all. An experienced Oklahoma auto accident attorney can review all the details of your case and take the necessary steps to maximize your compensation.

The law firm of Walsh & Franseen in Edmond has a track record of helping injured individuals obtain the recovery they deserve after car accidents in Oklahoma. Call 405-843-7600 or contact us online to schedule a free consultation.