Ylla Gosney, Attorneys at Law helps car accident victims in Oklahoma City by answering questions they have about the legal process. An injury can lead to a tough recovery and financial stress for you and your family. The first step towards getting better is filing an injury claim, but you have to file it within a certain timeframe. To learn more about how we can help you in this situation, contact us today for a free consultation.
How Long Do You Have to File a Claim After a Car Accident?
In Oklahoma City (and throughout Oklahoma), you have a certain time limit–called a statute of limitations–to file a claim after a car accident. Under Oklahoma law, the time frame is:
- Two years from the date of the car accident.
If you miss this deadline, you won’t be able to file a claim against the other driver or their insurance company for damages. At that point, you would have to either rely on your own insurance coverage, or try to negotiate directly with the other person (through their insurance company.) However, a lot of your leverage will be gone. Thus, it’s incredibly important to act quickly to protect yourself.
How Can You Protect Your Car Accident Claim?
Filing a claim within Oklahoma’s statute of limitations after a car accident is only part of your recovery process. You have to take the right steps to help protect and strengthen your claim. And it starts right after the accident happens, so here’s how you can protect a potential claim:
- Call 911 – The first thing you need to do is call 911 for an ambulance and police response. EMTs will take care of any injuries at the scene, then take you to a hospital for further care. Also, police will document the scene and gather information you can use for an insurance claim.
- Exchange information – If you’re under your own power, swap contact and insurance details with anybody involved.
- Start gathering evidence – Take photos and videos of the accident site, vehicle damage, injuries, and anything that may have caused the accident.
- Get further medical care – Even if you feel okay, follow up with a doctor or emergency room for additional treatment to take care of any unseen injuries.
- Talk with your insurance company – Tell your insurance company about the accident to begin their claims process.
- Keep everything – Save medical bills, repair estimates, and any communications with insurance companies.
- Be careful with statements – When speaking to police or insurance representatives, stick to the facts and avoid exaggerating. Saying less helps protect you from having your words used against you.
Not every step may apply to your accident, but following these steps can protect your health and strengthen your claim. This can lead to a better result with the claims process. Also, having our experienced team on your side ensures your rights are protected and that you receive the financial support you need.
What is the Legal Process Like After a Car Accident?
The goal of the legal process is to help cover the losses you’ve gone through because of your car accident. There are two main ways to do this:
- Filing an insurance claim outside of court
- Filing a personal injury lawsuit in court
Each option has its advantages and drawbacks. An insurance claim is often faster and less expensive, because it involves an insurance company reviewing your claim and offering a settlement. However, insurance companies may use delay tactics or offer low settlements, which can be frustrating if you have significant injuries and other losses to deal with.
If the insurance settlement isn’t enough to cover everything, you can file a lawsuit. While this process takes more time and involves more steps, it may result in higher financial support. Our team will manage the legal work, including court filings and hearings.
Once a claim is filed, though, you can potentially recover “damages” like:
- Medical bills and treatment costs
- Car repair or replacement expenses
- Lost wages or future income if you can’t work
- Compensation for pain and emotional distress
- Costs related to loss of companionship or a reduced quality of life
- Funeral expenses in cases involving wrongful death
While there’s no guarantee of winning in court, it might be the best path to getting the financial support you need. And remember, you only have two years from the date of the accident to file a claim, so starting early is vital to securing the results you need to get better.
Should You Get a Lawyer?
Deciding if you need a lawyer after a car accident in Oklahoma City can be tricky. While it’s not legally required, having a lawyer can be very helpful, especially if the accident involves serious injuries or significant damage. Here’s how our lawyers can assist you:
- Explain your legal rights and options
- Help collect medical records and other key evidence
- Communicate and negotiate with insurance companies
- File a lawsuit if necessary
With our experience handling car accident claims in Oklahoma City, we can support you whether you were a driver, passenger, or pedestrian. Our goal is to make the process easier for you. Plus, we work on a contingency-fee basis, so you don’t have to worry about upfront costs.
Don’t wait–contact us today for a free consultation after you’ve been in a car accident in Oklahoma City.