Oklahoma Car Accident Settlement Process and Timeline (2024)

The settlement process after an accident in Oklahoma is quite complex. There are several different steps, many of which involve other parties like attorneys, insurance companies, and the other people involved in the accident. While the timeline varies depending on specific details of the situation, the process follows a specific set of steps. If you’ve been involved in a car accident in Oklahoma, an Oklahoma car accident attorney can help you get the settlement you deserve for your claim.

How to Begin

It is important to document the scene of the accident in order to ensure you have all the facts you need for a successful claim. After ensuring you and all other passengers are safe and out of harm’s way, gather as much evidence as possible. This includes:

• Photos of the scene (all cars, scenery, property damage, street signs, road or weather conditions, etc.)
• The make, model, and color of all cars involved
• Any statements or comments made by other parties
• Document statements from witnesses

Most importantly, collect the name, contact information, and insurance policy information from any other parties involved in the accident. Your Oklahoma car accident attorney will use all of this alongside their own evidence to build your claim.

Attorney Investigation & Insurance Claim

Once your attorney has reviewed all evidence, insurance claims, medical records, and police reports associated with the accident, they’ll work to compile all of the facts. They will build a case that determines who is liable for any damages or injuries you sustained, as well as how much compensation you deserve as a result.

The timeline for this step can vary according to your attorney’s schedule, evidence collection, and the severity of your injuries. You should include the total cost of all associated injuries, some of which may take an extended amount of time to determine.

Your attorney will generally start by sending a demand letter, which essentially demands compensation from the insurance company of the party they believe is at fault for your injuries or property damage. The settlement amount your attorney pursues is dependent upon your specific scenario. If the insurance company does not agree to settle as is, then your attorney will move forward with negotiations.

Negotiation

Your attorney will communicate with an insurance adjuster at the opposing party’s insurance company on your behalf. The goal during this phase is to come to a fair agreement based on the evidence presented. This process can involve several negotiation cycles as representatives from each side advocate for their client. Once an agreement is reached, your attorney will settle with the insurance company. If this does not happen, a legal claim is officially filed against the party at fault.

Settlement

Once the insurance company makes an offer to settle, your attorney will review the offer. It is not uncommon for an attorney to negotiate further, even after the insurance company makes the settlement offer. Your attorney will have your interest in mind and will not agree to an offer until it is both reasonable and fair.

Once both parties come to an agreement on the details of the settlement, they each sign a settlement agreement. A settlement agreement is legally binding and outlines all terms of the settlement. After this is complete, the settlement money is distributed according to the agreement.

Trial

It is rare for a personal injury case to proceed to trial. In the event that this happens, your attorney will present your case to a judge in a court of law. In this scenario, the process is complete once the trial ends. The overwhelming majority of personal injury claims are settled prior to court, so your chances of having to wait through a long trial period are very low.

FAQs

Q: What Is the Average Settlement for a Car Accident in Oklahoma?

A: The amount of compensation received in a settlement depends on the extent of injury and/or property damage. Payouts typically range from $6,000 for minor injuries to $40,000 for moderate injuries. However, if the case involves fatalities and/or severe injuries, settlements can be much higher and even reach into the millions.

Q: How Long Do Most Car Accident Settlements Take?

A: The timeline for the settlement process can take anywhere from a few weeks to a few months. The process could take years in the rare case that the claim proceeds to trial. The timeline varies due to numerous factors such as attorney schedules, evidence collection, the length of negotiation, or the severity of your injuries. You should include the total cost of all medical bills, some of which may take an extended amount of time to determine.

Q: How Do You Calculate the Settlement Amount for a Claim?

A: Your attorney will determine the total amount you are owed by calculating the cost of your medical bills, property damage, wage loss, and any other expenses incurred as a result of the accident. All of these factors make up your “economic damage.”

The monetary amount for “pain and suffering,” or non-economic damage, is calculated by multiplying the economic damage by a varying percentage dependent upon the severity of the accident or injuries sustained. This percentage can range anywhere from 5% to 500%.

The actual settlement amount you’re awarded is decided during the negotiation process between your attorney and the opposing party’s insurance company.

Q: What Is a Typical Settlement Percentage?

A: An attorney is paid a percentage of the settlement amount recovered. These percentages vary but typically range between 25 and 50% in Oklahoma.

This amount is agreed upon in writing prior to the start of the process. A typical agreement will also outline all costs and expenses you’ll acquire throughout the process, as well as what is owed, regardless of the settlement amount or lack thereof.

Contact 222 Injury Lawyers

The settlement process after a car accident should be handled with care. After dealing with something as traumatic as a car accident, you deserve an Oklahoma car accident attorney who will protect your rights and effectively negotiate on your behalf.

Our dedicated, trusted, and compassionate legal team at 222 Injury Lawyers can help you get the settlement you deserve. Contact us today for a case evaluation with an experienced Oklahoma personal injury lawyer.