Common Myths About Personal Injury Claims in Oklahoma

Personal injury claims can often be shrouded in misinformation and myths, especially in states like Oklahoma. Understanding the truth behind these misconceptions is crucial for anyone considering filing a claim. Here are some of the most common myths about personal injury claims in Oklahoma.

Myth 1: You Can Only Claim for Major Injuries

Many people believe that only severe injuries qualify for a personal injury claim. This is not true. In Oklahoma, you can file a claim for various types of injuries, including minor injuries that may still lead to significant medical expenses or lost wages. Emotional distress and pain and suffering can also be factored into your claim, regardless of the severity of the physical injury.

Myth 2: You Must Sue to Get Compensation

Another common myth is that every personal injury claim must result in a lawsuit. In reality, many personal injury claims are settled out of court. Insurance companies often prefer to negotiate settlements to avoid the costs and unpredictability of a trial. Therefore, you can achieve a fair compensation without the need to file a lawsuit.

Myth 3: You Have an Unlimited Time to File a Claim

Many individuals mistakenly believe that they have an indefinite period to file a personal injury claim. In Oklahoma, the statute of limitations for most personal injury cases is two years from the date of the injury. Failing to file within this timeframe can result in losing your right to seek compensation. It's essential to act promptly and consult with a personal injury attorney as soon as possible.

Myth 4: You Don’t Need a Lawyer for a Simple Case

Some people think they can handle their personal injury claims without legal representation, particularly for what they perceive as simple cases. However, even seemingly straightforward claims can become complicated, especially when dealing with insurance companies. A skilled personal injury attorney can help navigate the complexities of personal injury law, increase your chances of a successful settlement, and ensure you receive the compensation you deserve.

Myth 5: All Personal Injury Claims Go to Trial

There’s a common belief that personal injury claims always end up in court. Yet, statistics show that the vast majority of such cases are settled through negotiations before reaching trial. Going to trial can be time-consuming and costly for all parties involved, which is why settlements are preferred in most scenarios.

Myth 6: Compensation Is Based on the Severity of the Injury Alone

While the severity of an injury is a significant factor in determining compensation, it is not the only element considered. Other factors such as medical expenses, lost wages, pain and suffering, and even the impact on the victim's quality of life can all influence the final settlement amount. Each case is unique, and many variables play a role in obtaining compensation.

Myth 7: You Can’t Claim If You Were Partially At Fault

Many individuals believe that if they share any responsibility for the accident, they cannot make a claim. However, Oklahoma follows a modified comparative fault rule. This means that even if you are partially at fault, you can still recover damages, as long as you are found to be less than 50% at fault. Your compensation may be reduced based on your percentage of fault in the incident.

Conclusion

Understanding the truth behind these myths is essential for anyone considering a personal injury claim in Oklahoma. Whether you believe you have a valid claim or not, consulting with an experienced personal injury attorney is crucial. They can provide guidance and help dispel any misconceptions you might have, ensuring that you make informed decisions regarding your case.