Understanding Compensation After a Truck Accident in Oklahoma

Understanding Compensation After a Truck Accident in OklahomaThe aftermath of a truck accident can be overwhelming. Physical injuries, emotional trauma, and financial burdens can leave you feeling lost and unsure of how to move forward. If you’ve been involved in a truck accident caused by someone else’s negligence, you may be entitled to compensation for your damages. A skilled Oklahoma City truck accident attorney from Cunningham & Mears can help you navigate the legal process and ensure you receive fair compensation for your losses.

Oklahoma’s fault system and modified comparative fault

Oklahoma operates under a “fault” system for truck accidents. This means the party responsible for causing the accident is financially liable for the damages of the injured party (you). However, Oklahoma utilizes a “modified comparative negligence” rule. This rule allows the court to consider the percentage of fault each party bears in the accident when determining compensation.

For example, if you are injured in a truck accident and are found to be 20% at fault, your total compensation award will be reduced by 20%. This is one reason you want an Oklahoma City truck accident attorney on your side; we work to show that the other driver was entirely (or mostly) at fault, which can maximize the recovery you’re entitled to receive.

Types of compensation available in Oklahoma City truck accident claims

Truck accidents often result in significant damages, both financial and emotional. Oklahoma law allows victims to recover compensation for a variety of losses through two primary categories: economic damages and non-economic damages.

Economic damages

Economic damages are quantifiable losses with a clear monetary value. They aim to restore your financial situation to the point it would have been if the accident hadn’t happened. Common types of economic damages in truck accident cases include:

  • Medical expenses:This covers all past, present, and future medical costs associated with your injuries. It includes hospitalization, doctor visits, surgery, medication, rehabilitation therapy, and assistive devices.
  • Lost wages:If your injuries prevent you from working, you can recover compensation for lost wages during your recovery period. This may include lost salary, commissions, bonuses, and any other forms of work-related income. In some cases, you may also recover compensation for lost future earning potential if your injuries permanently affect your ability to work.
  • Loss of earning capacity:This applies when your injuries limit your ability to work at your previous capacity, even if you can still work in some form.
  • Property damage:This covers repairs or replacement of your vehicle damaged in the accident.

Non-economic damages

Non-economic damages are intangible losses that are more difficult to quantify. However, they are no less real and can have a significant effect on your life. Recoverable non-economic damages in Oklahoma City truck accident cases include:

  • Pain and suffering:This compensates you for the physical and emotional pain you’ve endured due to the accident. The severity, duration, and impact of your injuries will all be considered.
  • Mental anguish:This covers emotional distress, anxiety, depression, and other psychological effects of the accident.
  • Loss of consortium:This compensates a spouse for the loss of companionship, intimacy, and support due to the accident-related injuries of their partner.
  • Loss of enjoyment of life:This compensates you for the inability to participate in activities you once enjoyed due to your injuries.
  • Scarring and disfigurement:This compensates you for the emotional and social impact of any visible scars or disfigurement caused by the accident.

Punitive damages

In rare cases, Oklahoma courts may award punitive damages. These are not intended to compensate the victim, but rather to punish the at-fault party for the egregious or reckless conduct that caused the accident.

Factors affecting compensation

The amount of compensation you may be entitled to in a truck accident case will depend on various factors, including:

  • Severity of your injuries:The more severe and long-lasting your injuries, the higher your compensation will likely be.
  • Medical treatment required:The extent of medical care needed, including surgeries, therapy, and medications, affects the overall cost of treatment considered in your compensation.
  • Impact on your work and daily life:If your injuries prevent you from working or significantly limit your ability to perform daily activities, this will be factored into your compensation.
  • The strength of your case:A well-documented case with clear evidence of negligence on the part of the at-fault party will increase your chances of receiving fair compensation.

Wrongful death claims in Oklahoma City truck accidents

If a loved one tragically loses their life in a truck accident caused by someone else’s negligence, your family may be entitled to compensation through a wrongful death lawsuit. Recoverable damages in wrongful death claims can include:

  • Loss of financial support:This compensates the family for the lost income the deceased would have provided.
  • Loss of companionship:This compensates for the emotional loss of companionship and love suffered by the family members.
  • Funeral and burial expenses:This covers the costs associated with laying the deceased to rest.

Maximizing your compensation after a truck accident in Oklahoma City

Following these steps can help you maximize your potential compensation after a truck accident:

  • Seek immediate medical attention:Getting a medical evaluation right away should be your priority, not only for your health but also for documenting your injuries for your case.
  • Gather evidence:Take photos of the accident scene, your vehicle damage, and any visible injuries. Collect witness names and contact information so we can speak to the folks who were there before their memories fade.
  • Keep all documentation:Keep copies of medical bills, receipts for medications and medical equipment, mechanic bills, pay stubs, and any documentation related to lost work. We can use this documentation to calculate the total amount of your economic damages.
  • Contact an experienced Oklahoma City truck accident attorney:We can guide you through the legal process, investigate your case, negotiate with insurance companies, and work to ensure you receive the compensation you deserve.

Choosing the right Oklahoma City truck accident lawyer is the one of the best ways to maximize your compensation. Look for an attorney with experience handling these types of cases, like those at Cunningham & Mears. We have a strong understanding of trucking regulations, personal injury law, and the ins and outs of the Oklahoma legal system.

The aftermath of a truck accident can be a complex and challenging time. Understanding the types of compensation available can help you navigate the legal process and fight for the resources you need to recover. By working with a skilled Oklahoma City truck accident attorney at Cunningham & Mears, you can ensure your rights are protected and that you receive fair compensation for the damages you’ve suffered. To schedule a free and confidential case review, call our office or submit our contact form today.