Catastrophic Injury Claim Process in Oklahoma: Evidence, Experts & Avoiding Pitfalls

Traumatic and unexpected accidents of any kind can wreak havoc on the lives of injured victims and everyone in their orbit. In some cases, however, the injuries sustained during an accident are particularly catastrophic and devastating. From serious car accidents to life-changing workplace disasters, it is difficult to overstate just how far the impact of a major trauma can reverberate.

Under Oklahoma law, survivors of catastrophic injuries may be within their rights to pursue compensation for certain accident-related losses. Personal injury claims in these cases can be vital to ensuring victims and their loved ones can maintain their physical, emotional, and financial well-being. Here’s a brief overview of how catastrophic injury claims unfold, plus a breakdown of common mistakes claimants make while navigating this complex legal process.

What is a catastrophic injury?

In personal injury law, catastrophic injuries are generally defined as injuries that cause long-term, life-changing harm. Catastrophic injuries can prevent victims from returning to “normal” after an accident and necessitate ongoing medical care or other intervention.

Some common examples of catastrophic injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Paralysis
• Burns
• Disfigurement
• Amputations
• Severely broken or crushed bones
• Vision or hearing loss

All of these injuries can result in a long-term reduction in quality of life and lead victims and their families to incur significant personal and financial losses. To help offset some of those losses, many survivors of catastrophic injuries opt to pursue personal injury claims against the party or parties they believe to be responsible for their accident.

Who is liable in a catastrophic injury case?

Some accidents are unavoidable, and even more are unintentional. However, even if an accident was not the result of intentional misconduct, the person responsible can still be deemed liable under the law as long as the injured party can demonstrate that:

• The alleged at-fault party owed them a legal duty of care
• The alleged at-fault party violated that duty of care
• The injured party suffered identifiable harm
• The harm suffered by the plaintiff was the direct result of the at-fault party’s breach of their duty of care

If all of the above criteria are met, the injured party may have legal recourse to seek damages from the at-fault party on the basis of negligence or recklessness.

What evidence is required in a catastrophic injury claim?

If you’re hoping to build a strong catastrophic injury claim, you’ll need to move as quickly as you can to identify and preserve as much evidence as possible to support your account. While the kinds of evidence brought forth in these cases can vary from claim to claim, some of the types of evidence we commonly rely on in catastrophic injury claims include:

• Accident reports
• Photographic evidence of injuries, property damage, working conditions, or other details from the scene of the accident
• Medical records
• Employment records
• Disability or other insurance claims
• Witness statements
• Testimony from the victim or their family members
• Expert testimony

Broadly speaking, medical records tend to be particularly crucial in catastrophic injury claims because of the long-term and severe nature of these cases. Detailed medical records can help to corroborate the extent of a victim’s injuries and establish the full scope of their past, current, and future care needs.

What about expert witnesses?

Expert testimony is often part of a catastrophic injury claim because it can add valuable context and clarity to complex medical cases. Personal injury lawyers often work with experts throughout a case to help craft a clearer picture of their client’s medical prognosis or even certain facts about an accident. Here are some of the experts you might encounter during a catastrophic injury case:

• Medical specialists: Neurologists, orthopedic surgeons, rehabilitation doctors, or other providers with specialized knowledge and/or experience may be called on to make high-level medical information more digestible for judges, juries, or insurance adjusters.
• Life care planners: These professionals can provide detailed information about a victim’s future care needs and highlight the long-term nature of their recovery process.
• Economists: These financial experts are often brought on to help attorneys calculate the total value of a victim’s financial losses.
• Accident reconstructionists: When fault is not readily apparent following an accident, lawyers can rely on accident reconstructionists to provide a fact-based explanation of how an accident most likely unfolded and who was responsible.

By incorporating expert testimony into the case, your attorney can present a clearer, more persuasive picture of what happened to you and how it stands to impact you in the months and years ahead.

Mistakes to avoid after a catastrophic injury

Catastrophic injuries are overwhelming enough without the added stress of a legal or clerical misstep. In our experience, there are a few common mistakes that tend to derail clients’ catastrophic injury claims. Some of these mistakes include:

• Delaying medical treatment: The longer you wait to seek care, the easier it is for insurance companies to argue that your injuries weren’t actually that serious or were not the direct result of the accident in question.
• Posting on social media: We all enjoy giving updates to our loved ones from time to time, but anything you say online about your accident or injury can be leveraged against you if it makes its way into the wrong hands.
• Admitting fault: In the immediate aftermath of a traumatic accident, it’s easy to say something you don’t mean. You should always avoid admitting even partial fault after an accident, including making any apologies to other involved parties.
• Not consulting an attorney: Insurance companies often make quick settlement offers in an effort to stave off more costly negotiations or litigation. Accepting one of these offers or otherwise attempting to handle a case without consulting with an attorney can limit your future legal options and leave you shorthanded to cover your costs.

Ultimately, most common mistakes can be prevented with the right legal support. Experienced personal injury attorneys understand the importance of acting swiftly and carefully while navigating a catastrophic injury claim and can help their clients safeguard and maximize their recovery options.

Final thoughts

Catastrophic injuries are life-altering in more ways than one. Between the physical harm, emotional distress, and financial strain associated with traumatic accidents, many accident victims find themselves struggling to cope with the mounting demands of a catastrophic injury claim.

If you or a loved one has suffered a catastrophic injury in Oklahoma, the best time to contact a trusted personal injury attorney is right now. At Cunningham & Mears, we understand the uniquely devastating impact catastrophic injuries can have, and we are firmly committed to leveraging our expertise into the best possible case outcomes for our clients.

Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team, and don’t wait another minute to get the justice you deserve.