Many of our clients are not certain whether or not they have a personal injury claim. Simply sustaining an injury is insufficient, so understanding what constitutes a valid personal injury claim is essential. Under Oklahoma law, your injury must be caused by another party’s negligence, and the claim does not fall within a worker’s compensation action or a case involving an injury caused intentionally.

What is Negligence?

A valid personal injury claim is based upon negligence. A party is deemed to be negligent when they fail to act with the same level of care that a person of ordinary prudence would have exercised in the same situation and circumstances. Below are the four elements that must be considered when establishing a party acted negligently:

1. Duty of Care

To hold a party liable for negligence, you must demonstrate that the wrongdoer owed you a legal duty of care to act a certain way to avoid causing harm. For example, drivers must follow Oklahoma’s traffic laws. If another driver fails to stop at a red light and crashes into your vehicle, causing you harm, that driver has a legal duty of care under the law and failed to abide by it.

2. Breach of Duty of Care

Once a duty of care is established, you must prove that the wrongdoer breached their duty by failing to act with an acceptable standard of care. In the example of a driver running a red light, the failure to stop constitutes a breach. It should be noted that if the traffic light malfunctions, the wrongdoer may be a different party, such as the city responsible for maintaining the traffic light.

3. Proximate Cause of the Injury

The plaintiff filing a personal injury claim must also prove that the breach of the duty of care caused the injury. In our example, running the red light and causing a wreck is clearly the cause of your injuries. Many cases are not so simple because multiple parties are involved or pre-existing health conditions are present, so working with a personal injury attorney to prove causation is critical.

4. Damages

Lastly, the injured party must prove all damages caused by the negligence of the wrongdoer. Damages refer to the physical, emotional, and financial losses you suffered and for which you seek compensation in your personal injury claim. Disputes often arise over the extent and amount of damages, so it is essential to keep documentation of all medical bills, loss of income, and other expenses.

How Long Do I Have to File a Personal Injury Claim?

Oklahoma has a statute of limitations that, once expired, you lose the ability to file your personal injury claim. Thus, you should contact a personal injury lawyer as soon as possible to discuss your claim and avoid being barred from filing it.

Is Hiring a Personal Injury Lawyer Necessary?

As with any lawsuit, you are allowed to file a case without an attorney. However, filing a personal injury claim can be complex, especially since large insurance companies often are involved. Even before a lawsuit is filed, your personal injury attorney will handle settlement negotiations and guide you through each step of the process. Additionally, having a lawyer manage your case allows you to focus on recovering from your injuries while also improving your chances of receiving fair and just compensation.

Contact a Personal Injury Lawyer Today

Whether you have questions about how to settle your case or you need assistance filing a personal injury lawsuit, it is wise to confer with a personal injury attorney.

If you have been involved in an automobile accident or other type of personal injury case that was caused by the negligence of another party, it is important to have effective attorney representation. At Babbit, Mitchell & Ogle, our injury lawyers have been representing injured victims of accidents and insurance disputes for over 60 years. Call Babbit, Mitchell & Ogle in Oklahoma City, Oklahoma, at (405) 692-7676 to schedule a FREE consultation