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Frequently Asked Questions About Personal Injury and Auto Accidents in Oklahoma

Choosing whether to pursue a personal injury claim and hire an attorney after an accident that was not your fault can be stressful and confusing. At Cunningham & Mears, we are here to help you make the best decisions by keeping you informed and providing you with answers to the most pressing questions.

Personal injury

Auto accident insurance matters

Contact our Oklahoma personal injury attorneys today for personalized service

From our offices in downtown Oklahoma City, our Oklahoma City personal injury lawyers are committed to providing you with exceptional service, including answering your questions, helping you choose the right path to recovery and fighting aggressively on your behalf. To learn more about our services and your personal injury claim, contact Cunningham & Mears online or call 405-757-1766 today for a free initial consultation.


Personal injury

What types of cases do you handle?

We focus our practice entirely on personal injury cases in order to provide you with a high level of expertise and experience. Our Oklahoma City personal injury lawyers assist injured victims throughout Oklahoma in a broad range of accident claims, from auto accidents to slips and falls to workers’ compensation claims. If we don’t handle your particular type of injury claim, we can refer you to a qualified attorney who does.

How much is my case worth?

The value of your personal injury case depends on the nature and extent of your injuries as well as factors such as damage to your vehicle, how the accident occurred, whether the other party engaged in bad conduct such as reckless or drunk driving, insurance coverage and medical treatment. Hiring a personal injury attorney early in the process can help maximize your compensation.

How long will my case take?

If you have a property damage claim, such as damage to your car, your case may be resolved in a matter of days. However, the duration of your bodily injury claim depends on many factors, including how long it takes for your injuries to heal. Our Oklahoma personal injury attorneys begin collecting your medical records and medical bills the day you hire us. Once you are released from medical treatment, we verify that we have all the relevant medical documentation to negotiate a settlement offer on your claim.

Personal injury cases have one of two outcomes: quick or good. We only have one chance to obtain the maximum compensation for your case, and our personal injury attorneys must ensure that your injuries are resolved before we settle your claim or take your case to trial. The sooner we can start working for you, the sooner your case will be resolved in a time frame and manner that satisfies you.

How much do you charge for personal injury services?

Cunningham & Mears provides services on a contingent fee basis. That means that you only pay your personal injury attorney when your case has a successful outcome. Unlike other personal injury law firms, Cunningham & Mears does not take a fee on your property damage recovery or any medical payment proceeds.

Do I have to receive medical treatment for my injuries? What if I don’t have the time or money to see a doctor?

The value of your case is determined by the nature and extent of your injuries. If you do not receive any medical treatment, it is unlikely that your personal injury attorney can prove damages to the insurance company and your case will have very little value, if any. Our Oklahoma personal injury attorneys help you find experienced physicians that provide quality care at a time convenient to you. If you don’t have health insurance and can’t afford expensive medical treatment, we know physicians who provide medical care and bill directly against your personal injury case.

When should I hire a personal injury attorney?

The earlier you involve one of our personal injury attorneys in your case, the better. Hiring us immediately gives us the opportunity to gather and preserve evidence and testimony for your case. Evidence and witnesses have a way of disappearing and we can’t travel back in time to fix problems. In addition, personal injury cases can be difficult and time consuming. The sooner we get started, the sooner we can protect you from calls from the insurance company demanding sworn statements and the sooner we can satisfactorily settle your case. Since our fees are charged on a contingency fee basis, you pay based on the final recovery, not the billable hours, so there¹s no reason to struggle on alone.

I’m not sure that I want to get involved in a lawsuit. Should I still hire a personal injury attorney?

While we approach every case as if it will go to trial, the reality is that over 90 percent of our personal injury clients receive fair compensation through settlement negotiations with the insurance company without ever filing a lawsuit. Our high percentage of settlements is due to our knowledge of the value of your case, early case preparation and preservation of evidence and witness testimony. Although your personal injury attorney can advise whether litigation is appropriate for your case, only you can decide whether to proceed with a lawsuit against the person responsible for your injuries.

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Auto accident insurance matters

The insurance company told me that if I hired a personal injury attorney, the attorney would take all my money. Is that true?

Insurance companies are in business to make money and they do this by collecting insurance premiums and paying as little as possible on insurance claims. If there is any way they can get out of paying your claim altogether, they will. Insurance adjusters are trained professionals who deal with dozens of cases like yours every day and they usually have the resources of a multi-billion dollar corporation at their disposal. Most accident victims do not have the training, experience and resources to put up a fair fight against them. Adjusters do not want to you to hire a personal injury attorney because you level the playing field.

Our Oklahoma City personal injury attorneys know the value of your case and if the insurance company won’t make a fair offer, we have the experience and resources to protect your rights in court. If you are better off not hiring an attorney, we not only tell you that you don’t need an attorney, but we tell you the best way to handle your case free of charge.

Why shouldn’t I wait and see what the insurance company offers me before I hire an attorney?

At Cunningham & Mears, we believe that early, aggressive case preparation is the keystone of a fair out-of-court settlement. By preparing your case for trial and showing the insurance company that we are ready to fight, we increase the likelihood of a successful result. We can gather and preserve evidence and locate valuable witnesses before they disappear. Early retention of our personal injury attorneys is the best way to ensure your rights are protected and to obtain maximum compensation.

The insurance company demanded that I give them a statement under oath and access to all my personal medical and employment information. Do I have to cooperate with them?

Not if you have a personal injury attorney. If you have an attorney, you can’t be compelled to give a long recorded statement to the insurance company and you don’t have to let the insurance company dig through your medical history and talk to your employer. In most cases, the insurance company’s right to obtain this type of information is quite limited.

Can I still collect compensation for damages after an auto accident if I am uninsured?

Under Oklahoma’s new vehicle insurance law known as the pay to play statute, uninsured drivers can only recover compensation for medical expenses, property damages and loss of income. Uninsured drivers cannot recover compensation for non-economic damages such as pain and suffering even if you did not cause the accident.

I owe child support. Can I still keep my personal injury settlement?

Oklahoma law provides for the collection of overdue child support before insurers can pay personal injury, wrongful death or workers’ compensation claims of $500 or more to injured victims who owe overdue child support. If you owe child support, our attorneys analyze your unique circumstances to see if pursuing a personal injury claim makes sense for you. With over 30 years of combined legal expertise and a history of successful verdicts and settlements, we have the experience to help guide you through your options and maximize your recovery.

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