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If you were in a car accident and are now experiencing headaches, dizziness, or trouble concentrating, you could have a concussion (a head injury that can have a lasting impact). If someone’s negligence or recklessness caused the accident, you may be entitled to compensation for your injuries through a personal injury claim. 

An Oklahoma City car accident lawyer can help you through the process and fight for the compensation you deserve.

Understanding Oklahoma’s Car Accident Fault System

Car accidents are stressful and confusing, and the legal implications can add another layer of worry. Oklahoma’s “comparative negligence“ system determines fault and compensation for car accidents. This means your compensation depends on the percentage of fault assigned to you and the other driver(s) involved.

For example, if you’re deemed 20% at fault for the accident and your total damages are $100,000, you could recover $80,000 in compensation. An Oklahoma City car accident lawyer can help investigate the accident scene, gather evidence, and build a strong case to minimize the percentage of fault attributed to you.

Linking Your Concussion to the Crash

To win a car accident claim for a concussion, you need to prove two key things:

  1. The other driver was negligent: The driver acted carelessly or recklessly, causing the accident.
  2. Your concussion resulted from the crash: Here’s where seeking immediate medical attention becomes crucial.

Concussions can be tricky because symptoms may not appear immediately or may be subtle at first. Some common symptoms include:

Even if you think your injuries are minor, it’s important to see a doctor right away after a car accident. A medical evaluation creates a clear record and timeline linking your concussion to the accident. This documentation is crucial evidence to counter any argument from the insurance company that your injury occurred at some other time.

The Importance of Treatment and Following Doctor’s Orders

A doctor can diagnose a concussion through a physical exam and a series of tests. Early intervention with treatment and rehabilitation can significantly improve recovery times and minimize long-term complications. Following your doctor’s orders for treatment is also important for your legal case.

The insurance company may use any failure to seek treatment to reduce your compensation. An Oklahoma City car accident lawyer can help you understand your treatment plan and the importance of adhering to it for your health and legal claim.

Types of Compensation for Car Accident Claims with Concussions

If you can prove the other driver’s negligence caused your concussion, you may be entitled to compensation damages. They include:

Benefits of Having an Experienced Lawyer on Your Side

The process of filing a car accident claim and negotiating with insurance companies can be complex and time-consuming, especially when dealing with a serious head injury like a concussion. An experienced Oklahoma City car accident lawyer from Parrish DeVaughn Injury Lawyers can:

Don’t Delay Getting Help: Schedule a Free Consultation Now

The sooner you contact a lawyer after your accident, the sooner they can start working on your case. Early intervention allows for a far more thorough investigation.

Contact Parrish DeVaughn Injury Lawyers now for a free consultation of your claim. We can determine if you have a solid case and start working immediately toward the maximum compensation for your injuries.

The road to recovery can be long and stressful if you’ve been injured because of someone else’s negligence. While you deal with pain, mounting medical bills, and a diminished ability to live your life comfortably, negotiating a fair settlement can feel overwhelming.

In this blog, we discuss how much input a client has when Oklahoma personal injury lawyers are called upon to negotiate a settlement. It’s important that the client feels empowered every step of the way during the lifecycle of a personal injury case.

Your Life. Your Injuries. Your Say.

Rest assured—clients ALWAYS have the final say with any settlement offer. Your Oklahoma personal injury lawyer cannot accept a deal without your explicit consent and should never pressure you to do anything against your will. Their role is to guide you through the process, advocatefor your best outcome, and explain the implications of each offer.

Why Lawyers Lead the Negotiation Charge

While you hold the final decision, lawyersare experienced negotiators with extensive knowledge of your case type. They also understand the tactics insurance companies use to minimize payouts. Here’s why letting your lawyer take the lead benefits you:

Every word you speak to them is under extreme scrutiny and will be weaponized by adjusters to deny you fair compensation. Your lawyer protects you from unknowingly undermining your claim.

They can assess the impact your injuries have had and will continue to have on your ability to earn a living. Pain and suffering damages are another crucial aspect of a personal injury claim, and experts like psychologists can help quantify the emotional and mental toll your injuries have taken.

Open Communication is Key

Negotiations can be complex. If you have concerns, don’t hesitate to talk to your lawyer. There are NO stupid questions, and the right lawyer will never make you feel uncomfortable for voicing your concerns.

Here are some examples of talking points to help you get the conversation started:

Remember, a strong lawyer-client relationship is built on trust and open communication. Your lawyer should answer your questions and address any concerns you have throughout the negotiation process.

Understanding the Negotiation Process

Negotiation typically involves several back-and-forth exchanges between your lawyer and the insurance company’s representative. Your lawyer will start by submitting a demand letter outlining the details of your claim and the compensation you and your lawyer believe is fair.

The insurance company will likely respond with a lower counteroffer. From there, negotiations continue until a mutually agreeable settlement is reached— or an impasse is reached.

No Fair Settlement? Going to Court Is an Option.

Your case may go to court if negotiations fail to produce a fair settlement. Here, a judge or jury will decide the compensation you receive. While this approach can result in a higher award, it’s unpredictable and often takes longer to resolve.

Throughout the negotiation process, your lawyer will discuss the pros and cons of taking your case to court and help you decide what course of action is best for you. Whether you go to court or not is up to you. You are in charge at every stage of the process.

Take Charge by Contacting Our Experienced Oklahoma Personal Injury Firm Today

Negotiating a settlement is a crucial step in your recovery journey. Partnering with an experienced Oklahoma personal injury lawyer from Parrish Devaughn ensures you have a strong advocate. Schedule a free consultation today to begin the conversation about your legal options.

Many injured victims find solace in the fact that the American legal system gives them a chance to seek justice and financial damages through filing injury claims or lawsuits against the parties who injured them. However, that right often depends on the victims being capable of filing claims or lawsuits on their own—or at least, being capable of choosing attorneys to handle the legal process for them.

Unfortunately, many victims are mentally incapacitated by their injuries. They may be in comas, suffering from traumatic brain injuries, or dealing with psychological problems that make it difficult or impossible to file a claim or lawsuit with or without a lawyer’s help. Meanwhile, their medical bills may keep piling up, and the weeks and months they’re not earning paychecks keep ticking by.

Thankfully, friends and relatives of injured victims can file injury claims or lawsuits on their behalf as long as certain legal procedures and considerations are met and followed.

They Must Get Power of Attorney

A Power of Attorney (POA) is a legal document that grants someone the authority to act on behalf of another person in legal matters. If the injured person had previously designated a trusted friend or family member as their agent through a valid POA, that individual can consult with an attorney and make legal decisions, including initiating a personal injury claim.

The attorney’s guidance assists in assembling essential case details and drafting necessary legal documents. With the attorney’s support, the individual holding POA initiates the lawsuit, representing the incapacitated person’s interests and navigating the legal proceedings on their behalf. This process prioritizes the best interests of the individual unable to represent themselves, aiming for a favorable resolution within the legal framework.

They Can Become Your Court-Appointed Guardian or Conservator

In situations where a Power of Attorney hasn’t been established and the injured person is incapacitated, the court may appoint a guardian or conservator. This appointed individual will have the legal authority to handle the injured person’s affairs, including consulting with a lawyer and filing a personal injury claim on their behalf.

Together, they gather pertinent information, draft necessary legal documents, and initiate the lawsuit on behalf of the incapacitated individual. Throughout the legal proceedings, the guardian or conservator acts as the legal representative, advocating for the best interests of the person they represent and ensuring that all steps taken align with their well-being and the pursuit of justice.

They Are Considered the “Next Friend”

“Next friend” is a legal term referring to an individual who represents someone else, typically in court proceedings, when that person is unable to represent themselves. This representation often occurs when the incapacitated individual is a minor or lacks the mental capacity to handle their own legal affairs.

The “next friend” acts on behalf of the incapacitated individual in legal matters, such as initiating lawsuits, defending against legal actions, or making decisions related to legal proceedings. This representation is usually based on the belief that the next friend is acting in the best interest of the incapacitated person.

The next friend essentially serves as a legal representative, ensuring that the rights and interests of the incapacitated person are protected within the legal system. Their role is to act in the incapacitated individual’s best interest and make decisions that align with what the person would likely choose if they were capable of doing so.

Things to Consider When Appointing Someone Else Power of Attorney

While a severe injury isn’t something you can predict, it is important to already have an established Power of Attorney, much like it’s important to have a will prepared even if you are in good health.

In the unfortunate instance you need someone to act on your behalf due to any future incapacitation, there are several complicating factors to consider when selecting your POA:

Our Oklahoma Personal Injury Lawyers Are Here to Help

At Parrish DeVaughn Injury Lawyers, we know that the people who suffer serious injuries aren’t always the people who file injury claims or lawsuits. While it’s important for incapacitated victims to have a chance of getting the money they deserve, having another person file a claim or lawsuit on their behalf can create an entirely new set of challenges.

Our Oklahoma City personal injury attorneys have built and won injury claims and lawsuits in all kinds of circumstances, including those filed by necessity by friends and relatives of victims. If you or someone you love needs legal representation after an injury, don’t hesitate to contact us to get a free case review.

Yes!

If your injury occurred less than two years ago, you can still take legal action against the at-fault party. That’s because Oklahoma’s statute of limitations for personal injury cases is two years from the date the injury occurred.

But while that generous statute of limitations should give victims plenty of time to pursue compensation, waiting until shortly before the deadline isn’t a good idea. In fact, waiting any time beyond what it takes to contact a lawyer isn’t a good idea.

If you or someone you love was injured because of someone else’s negligence, here’s what you need to know about how the passage of time can affect your chances of getting compensation.

First, Know That You Still Have a Good Chance of Winning Your Claim

Although it’s best to contact a lawyer immediately after an injury that wasn’t your fault, you aren’t out of luck if you aren’t able (or don’t think) to do so until weeks or months later. At Parrish DeVaughn Injury Lawyers, we believe strong cases are strong cases regardless of whether they’re filed days after an injury occurs or a full calendar year later.

Unfortunately, it’s common for strong cases to become weaker cases as time passes. Waiting can also harm victims, as it means going longer without closure on their accidents—and the compensation they deserve.

Crucial Evidence Can Disappear Days After Injuries Occur

Evidence is the most important building block of personal injury cases. Unfortunately, evidence usually isn’t permanent. In fact, it’s common for important evidence, including video footage, accident debris, and eyewitness accounts, to become lost, difficult to track down, or unreliable over time.

Insurance companies become highly skeptical of victims’ claims when evidence is missing or lacking and are more likely to reduce their compensation or deny it altogether. Lack of evidence can also make winning at trial more difficult. The sooner you contact a lawyer, the more likely they will be able to secure and preserve critical case-winning evidence for you.

Insurance Companies Are More Skeptical When Significant Time Has Passed

Insurance adjusters always look for ways to pay victims as little money as possible. Because of that, they are highly skeptical of injury claims by default.

When victims claim their injuries occurred months ago, the adjusters’ first instinct is usually to believe that their injuries were caused by something other than what they claim and the victims are trying to get paid for unrelated incidents. For example, they may believe an injury victim who is claiming they suffered a shoulder injury in their car crash actually injured their shoulder playing recreational baseball a month later.

Thankfully, evidence and skilled personal injury attorneys can help push back on these biased and unfair notions. But to avoid potential headaches, it’s best to take legal action as soon as possible. The less time between an accident or injury and an injury claim, the less wiggle room the adjuster has to believe the injury was caused elsewhere.

The Longer You Wait to Sue, the Longer You Go Without Compensation

At Parrish DeVaughn Injury Lawyers, we strive to build and finalize our clients’ claims quickly. We know they need money right away for their mounting medical bills and lost wages, and it’s our goal to get them paid in full so they can move forward with their lives. However, even the most straightforward and “slam-dunk” personal injury cases take time.

If you wait several months to contact a lawyer and start the compensation process, you may wait a few more months for your claim to be finalized, whether through an out-of-court settlement or a jury verdict. For many people, this delay can result in serious financial trouble.

Contact Our Oklahoma Personal Injury Lawyers Anytime for a Free Case Review

Our firm’s Oklahoma personal injury attorneys have won cases where victims contacted us immediately and cases where victims contacted us several weeks or months later. Although it’s ideal to contact us as soon as you can, we understand that’s not always possible. In fact, it’s common for victims not to consider suing until their medical bills start piling up and their lost wages become a significant financial burden.

No matter where your injury falls within Oklahoma’s two-year statute of limitations, you can count on our lawyers to work hard to collect critical evidence, build a compelling case, and demand you get paid fair compensation for your damages. Contact Parrish DeVaughn Injury Lawyers today for a free consultation.

Hunting is a popular recreational activity in Oklahoma, but it is not without its risks. According to the International Hunter Education Association, thousands of hunting accidents occur every year, with varying degrees of severity. The CDC has also noted that non-fatal accidents are often underreported, suggesting the actual number of hunting accidents every year is much higher than what the statistics show.

The occurrence of hunting accidents is a stark reminder of the need for safety precautions and the potential legal implications of negligent behavior. In this blog post, we’ll take a closer look at liability in hunting accidents in Oklahoma.

Statutes and Regulations in Oklahoma Regarding Hunting

Understanding Oklahoma’s primary hunting regulations is crucial. The Oklahoma Department of Wildlife Conservation (ODWC) oversees these regulations, ensuring that hunters follow the proper safety guidelines. Here are some pertinent points:

  1. Hunter Safety Education: By law, any hunter born on or after January 1, 1972, must complete a Hunter Education course before buying a hunting license. This education serves as a preventive measure against hunting accident-related personal injury claims arising out of ignorance or lack of knowledge.
  2. Hunting License Requirement: Like many states, Oklahoma requires hunters to obtain a valid license, ensuring they are aware of and can abide by the state’s hunting regulations.
  3. Discharge Regulations: It’s illegal to discharge a firearm within certain distances from public roads or occupied buildings. These regulations reduce risks to bystanders.

Common Causes of Hunting Accidents in Oklahoma City

Like any activity that involves firearms and nature’s unpredictability, accidents happen. Some are minor, while others, tragically, can be life-altering or fatal. Here are the most common causes of hunting accidents in Oklahoma:

Negligence in Hunting Accident Injury Claims

Establishing liability for a hunting accident can be complex. Usually, liability hinges on the legal concept of negligence. Simply put, if someone did not exercise reasonable care and caution while hunting and that led to an accident, they could be held liable.

To establish negligence in any of the following hunting situations, one must prove four primary elements:

  1. Duty: The hunter had a responsibility or duty of care towards the injured party.
  2. Breach: The hunter breached that duty.
  3. Cause: This breach directly caused the injury.
  4. Damages: There were actual damages as a result.

Hunter-to-Hunter Accidents

Hunter-to-hunter accidents are common. In such situations, the shooter can be held liable if it is proven they acted negligently, like failing to identify the target properly or ignoring basic safety guidelines. These are often considered civil matters, although criminal charges, like reckless endangerment, can also come into play.

Landowner Liability

Under the Oklahoma Recreational Use Statute (Title 76, §10.1), landowners who allow hunters on their property for recreational purposes, generally, are not liable for injuries unless they acted in bad faith or displayed “willful or wanton misconduct.” So, if you trip over a tree root while hunting on someone else’s property, it’s usually on you, not the landowner.

Hunt Organizer Liability

Sometimes hunting accidents occur during organized hunts. Event organizers could be held liable if they failed to follow or enforce safety guidelines or did not adequately warn participants of known hazards. This liability is often outlined in waiver forms, but waivers do not provide a hunt organizer with blanket immunity from lawsuits.

Firearm Manufacturer

On rare occasions, a hunting accident might result from a defective weapon. If that is the case, the manufacturer could be held liable under product liability law. However, these cases are usually harder to prove and require meticulous documentation and expert testimony.

Why Hiring an Attorney is Important After a Hunting Accident

If you or a loved one was injured in a hunting accident in Oklahoma, hiring an experienced personal injury attorney in Oklahoma City could be the most important decision you make. Here is why an attorney’s legal expertise is crucial:

Contact an Oklahoma City Personal Injury Lawyer for Your Hunting Accident Case

At Parrish DeVaughn Injury Lawyers, we offer a nuanced understanding of the complex legal landscape involved in hunting accident cases, ensuring that you navigate the insurance pitfalls and factual complexities with expertise. Whether it is negotiating with shrewd insurance agents or representing you in court, the expertise of an Oklahoma City personal injury attorney from our law firm could be the difference between recovering substantial compensation and dealing with financial hardship. Contact us today for a free consultation.

When injured victims file injury claims and lawsuits against the people or parties who hurt them, the resolutions usually happen through settlements instead of jury verdicts.

Getting a settlement is almost always preferable as it saves time, reduces legal fees, and is less emotionally taxing on victims and at-fault parties as well.

The downside to settlements is that victims often don’t know if they’re getting enough money to pay for all of their medical bills and lost wages, especially those down the road. Victims can’t ask for more money later for the same injury, which makes it crucial that they get every penny they’re owed when they accept their settlements.

If you were recently injured and are thinking about filing an injury claim or lawsuit, here’s how to know if your settlement offer is enough to fully cover your damages.

The Settlement Offer Takes Your Future Expenses into Consideration

If the settlement offer you’ve received only considers your current medical bills and lost wages, it’s probably not enough. Injuries often continue to cost victims money for several months or even years after they happen.

For example, you may need future surgeries to help your injuries heal, physical therapy to regain mobility and strength, and even cosmetic procedures to improve the appearance of injured body parts. You also may be unable to work for the foreseeable future.

Getting compensation for your damages up to the day you receive your check may only cover a small percentage of the total expenses of your injury.

The Settlement Offer Includes Pain and Suffering

Medical bills and lost wages are called economic damages, while pain and suffering are non-economic damages. Many insurers are hesitant to pay victims adequate compensation for non-economic damages, but pain and suffering is a major part of any injury claim and shouldn’t be ignored in the settlement process.

It’s likely that pain is preventing you from doing the things you loved before your injury, including exercising, participating in hobbies, spending time with friends and family, and more. You also may be suffering from psychological distress such as depression, anxiety, and even post-traumatic stress disorder.

Pain and suffering can affect victims’ lives even more than their physical injuries, and no injury claim is complete without demanding compensation for it.

The Settlement Offer Wasn’t the First One You Received

While it’s possible for insurers to offer injured victims fair settlement offers right away—and in some cases, unprompted—it’s rare.

When insurers are quick to offer settlements to victims, it’s often because they know the injured victims deserve significant compensation (and more than the offer). By offering fast settlements, they hope victims will accept them, and in turn, forgo their right to get fair compensation.

Always be wary of an unprompted settlement offer from the insurance company, and never accept one without speaking to a lawyer first.

The Settlement Offer Was Approved by Your Lawyer

Lawyers can quickly and accurately determine the value of injury claims. When their clients receive settlement offers, they know if they’re fair or not. Unfortunately, some unscrupulous lawyers push their clients to accept lowball settlement offers so they can move onto their next clients.

At Parrish DeVaughn Injury Lawyers, we strive to ensure our clients are always paid in full for their damages. That often means rejecting insufficient settlement offers during the negotiation process to ensure our clients get fair compensation. When we believe our clients have received fair settlement offers, we make sure to tell them so they can accept them and begin getting back to their lives.

Our Oklahoma Personal Injury Lawyers Can Maximize Your Chances of Getting Fair Compensation

Injury claims and lawsuits are “one-and done” deals. If the insurance company offers you a settlement, you need to be absolutely certain that it’s enough money to fairly compensate you for all your damages, including your current and future medical bills and lost wages, as well as your pain and suffering.

At Parrish DeVaughn Injury Lawyers, we never pressure our clients into accepting settlements that are less money than they deserve, and we always take the time to let them know if the settlements they’ve received are fair or if more negotiation is needed. Contact us anytime for a free case review and to find out how much your claim is truly worth.

After an injury that wasn’t your fault, it’s possible (although not recommended) to try and get compensation on your own, whether it’s through your insurance company or the at-fault party’s insurer.

However, there’s a good chance the insurance company won’t pay you the money you’re owed. At that point, your next step is filing a lawsuit and, if it doesn’t settle in a timely manner for a reasonable amount, going to court.

Just as you technically don’t need a lawyer to pursue or negotiate compensation after an injury, you also don’t need a lawyer to go to court. You can represent yourself by appearing “pro se,” and some people attempt this in order to save money on lawyer’s fees.

But as with pursuing compensation on your own, not having a lawyer on your side in court is a very bad idea, and here’s why.

The At-Fault Party or Insurance Company Will Have an Experienced Legal Team

Representing yourself in court puts you at a huge disadvantage when it comes to getting compensation. Even if you have plenty of evidence that shows you aren’t at fault, being in possession of evidence is only a small part of winning trials.

You must also know how to present the evidence in a manner that convinces the jury that the other party is at fault. This is more difficult than it sounds, as evidence isn’t always clear and often requires in-depth explanations at trial. You also may simply be unable to acquire certain types of evidence such as crash scene reconstruction data—but the other side is likely to have it.

You Will Have a Tough Time Countering the Other Side’s Arguments

Personal injury lawyers aren’t just adept at gathering and presenting evidence and negotiating settlements for their clients. They’re also highly skilled in the courtroom, and that’s a must when it comes to succeeding in personal injury trials.

The legal defense for the at-fault party or the insurance company will be aggressive in protecting their client, and they know how to twist victims’ words to make them sound liable for their injuries even when most or all of the evidence says otherwise. If you aren’t experienced in these types of courtroom exchanges, it will be very difficult for you to convince the jury you’re not at fault and deserve compensation.

Representing Yourself Creates a Lot of Stress That You Don’t Need

After an accident, you should focus on your recovery and spending time with your family. The less stress you experience while recovering, the faster and more complete your recovery is likely to be. Representing yourself in court after an injury is one of the most stressful things you can do, especially if you don’t have any experience in a trial.

In addition to not being experienced at presenting evidence and countering the other side’s arguments, you will also experience stress due to things like courtroom procedure (who talks when, how to address the judge and jury, and more) and decorum (how to behave appropriately and respectfully in front of the judge and jury). As experienced personal injury lawyers, we know these rules well. But if you’re inexperienced, they can be very stressful and confusing.

We Work on a Contingency Fee and Charge No Upfront Fees

If you’re thinking about representing yourself throughout the duration of your claim because you want to save money, think again. At Parrish DeVaughn Injury Lawyers, we don’t charge our clients any fees upfront, whether it’s for consultations, office visits, or even going to court. The only time we get paid is if we win our clients’ cases. If we don’t get you money, you don’t owe us anything.

And while it’s true we get paid via a percentage of our clients’ recoveries, studies show that people who have lawyers on their sides end up getting more money in settlements or in court than people who don’t. That means that there’s a good chance that even if you manage to beat the odds and win your case representing yourself, you still may end up with less money than if you hired a lawyer!

Contact Our Oklahoma Personal Injury Lawyers Today to Discuss Your Case

Insurance companies are almost always reluctant to pay victims the money they deserve, but their attitude frequently changes when they find out victims have experienced personal injury lawyers on their sides. They know they’re in for a fight, and they become more open to negotiation and paying fair settlements. And when cases go to trial, victims who have lawyers on their sides do much better than those who don’t.

You’ve been through enough after your accident. You don’t need the added stress of trying to collect and present evidence, learning legal codes and courtroom decorum, and debating an experienced team of trial lawyers on the other side. Let the Oklahoma personal injury lawyers at Parrish DeVaughn Injury Lawyers handle everything for you. Contact us today for a free consultation.

If you were hurt in an accident that wasn’t your fault, you may hire a personal injury lawyer, and after back-and-forth negotiation with the at-fault party and their insurance company through your lawyer, end up with a settlement offer on the table.

The offer may seem fair, but how do you know if it’s enough money to cover ALL of your accident-related expenses? This is a common question that victims have when their injury claims end in settlement offers. They need money to pay for their medical bills and lost wages, and they’ve been waiting a long time to get their checks, but they may wonder if they should ask for more money.

If you’re debating on whether you should accept the insurance company’s offer, here are a few questions to ask your lawyer.

Ask if Your Lawyer Calculated Your Current AND Future Expenses

It’s easy for lawyers to determine how much money their clients are owed for their damages while they’re building their claims. They can simply tally up their clients’ existing medical bills and their days, weeks, or months of lost pay.

However, it’s not as easy to determine how much money victims are owed for their future expenses arising from this injury. Even after victims heal, they often continue to pay for their injuries for years, decades, or even the rest of their lives.

For example, if you’re partially or totally disabled as a result of your injuries, you need compensation for your reduced or lost ability to earn a paycheck. Your lawyer should also consider any ongoing medical expenses, such as prescription medications, physical rehabilitation, and future surgeries that are likely to arise.

If your lawyer didn’t take future expenses into account when building your claim, there’s a good chance the settlement offer they negotiated isn’t enough money to fairly compensate you.

Ask if Your Lawyer Included Pain and Suffering in Your Claim

Medical bills and lost wages are considered “economic damages” in the eyes of the law. There’s another type of damages that victims are often awarded compensation for after accidents and injuries called “non-economic damages”—or, as they’re more commonly known, pain and suffering.

These damages are designed to compensate you for the ways your injury affected your life that can’t easily be calculated in dollars. Pain and suffering damages can include compensation for permanent pain, permanent disability, and being unable to enjoy spending time with family, friends, and partaking in hobbies as a result of your injury.

Some lawyers fail to include pain and suffering damages because they’re harder to prove and because insurance companies often refuse to pay them without a fight. However, they’re extremely important parts of many injury claims due to the reduced quality of life that victims must endure through no fault of their own.

Ask if the Settlement Was the Insurance Company’s First Offer

Insurance companies are notorious for offering “lowball” settlements to victims shortly after accidents and injuries. They do this when they know they could lose in court during a lawsuit, and by offering quick settlements, they can avoid paying more by order of a jury or judge.

Unfortunately, they also attempt this tactic when victims have lawyers representing them. They know that just as some victims are eager to accept fast settlements, many lawyers are, too. Those lawyers want to get their cut and move on to the next case.

If your lawyer is ready for you to accept the insurance company’s first offer, it’s important to sit down and carefully review it with him or her to ensure it’s enough to cover all your expenses. Although insurance companies occasionally offer fair settlements during step one of the negotiation process, getting adequate compensation usually requires a few rounds of back-and-forth negotiation.

Ask Your Lawyer for their Honest Opinion of the Settlement Offer

As with all types of bargaining and negotiation, there’s a fine line when it comes to negotiating settlements after accidents and injuries. Just as it’s possible to accept a settlement that’s not nearly big enough to cover all of your expenses, it’s also possible to demand too much money and for the insurance company to refuse to pay you.

An experienced Oklahoma personal injury lawyer can give you honest feedback on any settlement offers you receive and advise you on whether you should accept or ask for more money. This is why it’s important to have a trustworthy law firm with a long track record of success building your claim.

It’s Our Goal to Get Our Clients Maximum Compensation

At Parrish DeVaughn Injury Lawyers, our attorneys have one goal in mind when we take on new claims: getting full and fair settlements for the injured victims we represent. We work hard to give our clients peace of mind knowing that we never accept less money than they deserve, and we remain honest and open about both our progress on their cases and how much money the insurance companies should pay them via settlements.

And when we feel that insurance companies aren’t willing to play ball, we don’t hesitate to take them to court. In fact, we build all of our cases as if they’re going to trial. It’s just another way we gain a big advantage over greedy and uncooperative insurers.

Ready for us to get started on your claim? Contact us today for a free consultation.

Various insurance policies and the civil court system make it possible for people who get hurt through no fault of their own to get money for their injury-related expenses. But for some people, the things they do and don’t do in the minutes, hours, and days after their injuries end up making them ineligible to receive any compensation, whether it’s from their insurance policies or the policies of the people who hurt them.

Many missteps can cause claims to be rejected or to make victims ineligible for settlements, but these three mistakes are among the most common and most impactful.

Waiting Too Long to File a Claim

The biggest pitfall for getting compensation after an injury is waiting too long to take legal action. Oklahoma’s statute of limitations for personal injury claims is two years from the date they occurred. Once those 24 months are up, you can’t get any compensation, regardless of how much evidence there is that shows the other person or party was liable for your injuries.

Waiting too long also puts your claim in jeopardy because evidence may disappear, witnesses may be more difficult to track down, and the insurance company may become more skeptical of your claim. The more time that passes between the date of your injury and the date of your claim, the stronger the insurance company’s argument will be that your injury occurred at a different time and under different circumstances.

Admitting You’re at Fault for Your Injury

After an injury, you may have a few conversations concerning what happened. Whether you’re speaking with a police officer, a property owner/manager, another driver, or an insurance adjuster, you should never admit fault for your accident or injury. Admitting fault can make it difficult or impossible to get compensation, even if evidence later shows you didn’t cause or contribute to your accident or injury.

When questioned, stick to the facts of what happened and never speculate. Even admitting partial fault can torpedo your chances of getting a settlement, as the insurance company will pounce on the slightest admission of fault and refuse to pay you the money you’re owed.

Lying About the Severity, Extent, or Origin of Your Injuries

From the moment you’re first treated by emergency responders or by your doctor, you need to be completely honest about your injuries. Never exaggerate or even downplay their severity. If the insurance company can prove that you weren’t truthful about your injuries, it won’t hesitate to reject your claim.

It’s also important to be upfront about pre-existing injuries that were aggravated by your accident. Some victims are hesitant to admit their injuries were caused previously, but failing to disclose this information often backfires, as insurance companies are known to dig through claimants’ medical files to find out if their injuries were previously diagnosed or treated.

We’re Here to Take Your Call 24/7

Although you can remain eligible to get compensation after an injury without a lawyer on your side, actually winning your claim is a different story altogether. Insurance companies have the art of reducing and rejecting claims down to a science, especially when they know they’re dealing with injured victims who have no previous experience with personal injury claims.

Between recovering from your injuries and getting back to work, you have enough on your plate already. Let the Oklahoma City personal injury lawyers at Parrish DeVaughn protect you from missteps that can harm your claim and an insurance company that wants nothing more than to pay you as little as possible. Contact us today for a free consultation. We’re ready to put our experience to work for you and your loved ones.

Yes! In fact, that’s the reason why many injured Oklahomans contact us after accidents that weren’t their fault.

Insurance companies spend big bucks on marketing campaigns that are designed to convince the public that they’re benevolent corporations ready to sweep in and make everything better when people need help the most. But that couldn’t be any further from the truth.

In reality, insurance companies fight tooth and nail to avoid paying claimants fair settlements, whether that means denying their claims outright or offering them “lowball” settlements that won’t cover all or even most of their expenses. And without experienced lawyers on their side, victims usually have to accept whatever the insurance company decides to do—and sometimes that means not getting a penny in compensation.

3 Opportunities for Increased Compensation

Whether they offer immediate settlements after injuries, or they exhaust injury victims with back-and-forth arguments, insurance companies rarely consider how much money victims truly need. As Oklahoma personal injury lawyers, we review our clients’ injuries and the insurance companies’ offers to find where compensation is lacking.

Three common areas where insurance companies try to cut corners include:

Future medical expenses

Insurers know that victims are stressed about their medical bills and need to pay them ASAP. They take advantage of this stress by offering victims enough money to cover their current medical bills but not providing a dime for future medical expenses related to their injury. We calculate how much money victims need for ongoing treatments and we demand the insurance company pay up in full.

Future lost wages

When people are injured, they’re often too hurt or disabled to work. That means no paychecks, and no paychecks means no money for medical bills and other living expenses. As with medical bills, insurers frequently offer compensation to cover lost wages “to date” but fail to consider how many paychecks victims will lose in total or even how their injuries will affect their careers. For example, some victims may have their future earning potential permanently impacted, and they deserve to be rightfully compensated for that loss.

Pain and suffering

Insurance companies rarely consider pain and suffering on their own when calculating how much money injured victims should get. That’s partly because they want to save money and partly because they have no way of knowing how victims’ injuries affected their lives. Our lawyers know that the mental and emotional pain of injuries can outweigh the physical pain, and we work hard to get our clients fairly paid for their lost enjoyment of life.

What if the Insurance Company Refuses to Pay a Fair Settlement?

Insurers have plenty of tricks up their sleeves to protect their profits, and one of the most common is simply refusing to pay victims, period. Whether they deny their clients were liable for injuries, or they balk at the amount of money the victims and their lawyers request, insurers being uncooperative is something we see every day.

Here’s how we combat it:

This means gathering accident reports, medical reports, witness statements, security camera footage, and more to piece together evidence that backs up what our clients say.

When we demand money from insurance companies, we don’t just make wild guesses at how much our clients should be paid. We calculate precise figures based on how much money their injuries will cost them.

In almost every personal injury claim, there’s a back-and-forth negotiation process between victims’ lawyers and the insurance companies. Our years of experience in the industry allow us to maximize our clients’ settlements during negotiation and ensure that they get paid as quickly as possible.

We CAN’T Help You Get More Money If You Already Accepted a Settlement

Although we have many ways to help our clients get more money from insurance companies, we can’t help them if they’ve already accepted settlement offers. That’s because buried in the fine print of these offers are stipulations that free the insurance companies and their policyholders from future liability once claimants accept those settlements.

Never accept the insurance company’s settlement offer without speaking to a lawyer first! It could cost you for years to come.

Contact Parrish DeVaughn Today for a Free Consultation

At Parrish DeVaughn, we’ve seen time and time again how injured victims are mistreated by insurance companies. And sadly, many victims don’t realize how badly they’ve been mistreated until their settlement money runs out and they’re left with more medical bills to pay and weeks or months of additional lost paychecks.

Our Oklahoma personal injury lawyers know what you’re going through, and our mission is to get you fair compensation for your medical bills, lost wages, and pain and suffering. Contact us today for a free consultation. There’s no obligation to hire after speaking to one of our lawyers, and you’ll never see a single bill from us unless we get you money.