Impact Law Firm
115 W. 3rd St.
Tulsa, OK 74103
View Larger Map
Car Accident Recovery Options for Personal Injury in Tulsa, OK
If you have suffered a personal injury in a car accident in Tulsa, you may need to file a lawsuit to recover all the damages you are owed. If the at-fault driver’s insurance refuses to pay enough to cover your medical expenses, lost wages and non-economic losses, then you most likely will need to consult with a personal injury attorney to discuss your options. Non-economic factors, such as emotional distress or loss of companionship, are difficult to assign a monetary value and even harder to collect damages on from an insurance company. A lawsuit may be your only option.
Stages of a Car Accident Lawsuit
- In Tulsa, Oklahoma, the statute of limitations for filing a personal injury lawsuit is two years. If you realize within this timeframe that you are not able to recover the damages you are owed from a car accident, you can file a petition with the court in a civil lawsuit. Of course, the sooner you file the better it will be for your case. The petition will outline the monies you, the plaintiff, are seeking from the at-fault driver, the defendant.
- The other driver and their insurance company have a defined time period to file a response to the petition that may include an admittance of fault, a denial of fault, a counterclaim stating you are responsible for part or all of the accident, or a cross-claim placing responsibility on a third party.
- Preliminary motions can be filed by the defendant that can include:
- Motion to dismiss
- Motion for removal
- Motion for a change of venue
- Motion for change in the judge
- In the pre-trial practice, a date for the trial will be set by the judge. Also at this time, the judge may order mediation to try to settle the lawsuit before trial.
- If mediation is not successful, then the lawyers will move to the discovery phase in which both the defendant’s attorney and the plaintiff’s attorney investigate the facts surrounding the lawsuit.
- Once your personal injury attorney completes the discovery phase, you enter the time of post-discovery resolutions in which you may ask a judge to decide the case without a full trial. If the judge feels it is appropriate, then your case can be settled. If not, then your case will go to trial.
- When all other avenues have been explored without reaching an agreeable settlement, your case will go to trial where a judge, and often a jury, will hear your case.
Tulsa Personal Injury Attorney
Impact Law Firm offers the best representation for personal injuries resulting from a car accident. We are not afraid to take your lawsuit to trial if necessary. Contact us today for a free consultation.