Oklahoma’s Wrongful Death Statute Explained
Are you looking to file a wrongful death lawsuit and want to know what that entails? If so, then you’ve come to the right place. Not only are you going to find out what a wrongful death suit is, but you’re also going to find out about the Oklahoma wrongful death statute and other limitations that you need to be mindful of. We don’t want to keep you waiting to achieve the justice that your loved one deserves. Let’s get right into all the useful information that you need to know to move forward with your claim. What is a Wrongful Death Lawsuit? Wrongful death is defined as the death of a person that has occurred because of the negligence of another person. Many causes fall under the causes category of wrongful death. The first will be medical malpractice if the diagnosing of an illness or injury leads to the death of the patient. Death could also be the result of the doctor using the wrong method of treatment to assist in patient recovery. Another cause of wrongful death would be someone killing another person with a car. Whether they were speeding or driving while under the influence because of their negligence, someone lost their life. More than 10,497 people lost their lives because of a drunk driver. While we’re on the topic of vehicular deaths, another cause could be the malfunctioning of the vehicle. If it’s the vehicle that causes death, then it’s called product liability. It’s the job of the vehicle manufacturer to ensure that the car is in working conditioning before debuting it in showrooms for potential customers to purchase. Now that you’ve gotten a better understanding of what wrongful death is, we can now dive deeper into what you can sue for in your lawsuit. What Damages Should My Lawsuit Include? When you file a lawsuit, you’re doing so to seek compensation for your loved one that has lost their life because of someone else negligence. The first thing that you might consider suing for is lost wages. This will help to provide income until someone else can take over as the sole provider for everyone. The next thing you might seek as far as damages go is monetary help to provide funeral services for your loved one. Funerals can be expensive, and it’s only right that the person that caused the death be responsible for helping the family pay the funeral expenses. You should also ask for funds to help pay the remaining medical bills that were left behind by the deceased. One type of damage you can sue for that sets Oklahoma apart from others is the ability to sue for punitive damages. Punitive damages are not a monetary amount awarded to the deceased family. Instead, it is a way to punish the company that is at fault for causing the death in the first place. It serves as a reminder to the company and those that work within it that no crime will go unpunished and that they need to take the work they do seriously or risk being hit with more lawsuits in the future. Statute of Limitations Like with most crimes when it comes to filing a wrongful death lawsuit, there is a time limit. It’s recommended that following the death of a loved one, you file as soon as possible and find an Oklahoma City wrongful death lawyer. But the course system also understands that during a time of grieving, the last thing that’s on your mind is filing a lawsuit. To provide victims with the time they need to grieve their loss, the statute of limitations ends two years after the death of the victim. This gives family members the time they need to collect all of their documentation and find a legal team to represent them in court. But, it should be known that once the two years is up, then the lawsuit can no longer be presented in court. When you sot down to speak with your lawyer, ask them if the limitations and other guidelines apply to your case. The reason for this is that a wrongful death suit is a criminal case, and it can hold different guidelines when it comes to the legal process. Who Can Submit a Wrongful Death Claim? Being that the victim is deceased, family members will be the ones to submit the wrongful death claim, but not just anyone can file a claim. The first set of people in the victim’s family that can file a lawsuit are the immediate family members. This includes their spouse and any children that they’ve had together. If they weren’t married and didn’t have children, the next group of people that could file would be the parents and siblings of the victim. After them, it would be a domestic partner or close friend that can file the lawsuits. Oklahoma Wrongful Death Statute Explained Now that you’ve got all of the information you need when it comes to the Oklahoma wrongful death statute, you can continue with the process of your legal case. No one deserves to die because of someone else carelessness, but unfortunately, it happens every day. With the facts we gave above, you can help your loved one receive the justice that they deserve even though they are no longer living. If you’re in need of a personal injury lawyer to represent you in court contact Little Oliver Gallagher. The practice features three skilled lawyers that practice in various areas, including wrongful death, motorcycle accidents, medical malpractice, and more. With our lawyers in your corner, you’re sure to get the settlement that your family deserves.
Importance of Your Car Accident Attorney
Car accidents are costly not only because of hefty medical bills but also because of the potential lawsuits that could arise out of an accident. If you or someone you know recently figured in a car accident and are now facing medical bills, not to mention income losses due to injuries, you may have good grounds to claim for the damages you suffered. Read on to know more about car accident injuries and how your lawyer can help you build a solid case for compensation. Most Common Causes of Car Accidents The most common causes of car accidents include: Reckless driving (speeding, weaving in and out of traffic, etc) Distracted driving (talking on the phone, texting, listening to music, etc.) Driving under the influence (alcohol or drugs/medications) Rain, sleet or snow Injuries Caused by Car Accidents Common injuries sustained from car accidents include: Head/brain/spinal cord injuries (whiplash injuries, brain trauma, etc.) Broken bones Internal injuries Mental and emotional trauma Minor bruising, muscle sprains and strains Injuries sustained during a car accident can vary in severity depending on many factors such as the speed of the vehicles at the point of impact, angle of impact, whether or not seat belts were used, whether or not airbags deployed, among others. Can you make a claim? If you were involved in a car accident and you suffered injuries and damage to your car, you can file a claim. You can file a claim even if it is unclear who caused the collision. The other party may have sustained damages as well and maybe looking to claim for compensation. If you are unsure about whether or not you have enough grounds to file a claim, or if filing a claim is the best thing you can do, talk to your lawyer. He or she can advise you on the pros and cons of filing a claim especially if the losses you incurred are less than the potential costs of a lawsuit. Reasons to Work with a Car Accident Attorney Technical Legal Know-How The most obvious reason why working with a car accident lawyer is the wisest thing you can do is because insurance claims and lawsuits can be time-consuming and very complicated for the lay-person to handle alone. The technical aspects of filing a claim and making sure documents are properly recorded and authenticated involve processes that car accident lawyers are very familiar with, but maybe totally alien to those who have no legal background. Legal Resources Car accident lawyers also have the resources to investigate the details of your car accident fully. There are car accidents that appear cut-and-dry and it’s obvious who caused the accident. However, there are cases when it isn’t clear who is the party at fault. In cases like these, your lawyer can muster all resources to investigate the facts of the accident and determine who caused the accident. Your lawyer knows how to fully utilize the discovery process so you can obtain all relevant information and documents that can help you build your case. Once he has gathered solid evidence he can prepare the documents for filing with your insurance company or in court. Protection of Rights A car accident attorney becomes indispensable especially if you have an insurance company that refuses to pay or the other party insists that you were the one at fault. When circumstances become adversarial you need a good lawyer who can walk you through the process of filing a personal injury claim. Your lawyer can help protect your rights, ensure that you understand insurance contracts, and build a solid case so you can aggressively pursue your right to be compensated. For instance, even if you successfully get an insurance company to pay, they may try to get you to agree to a low-ball offer in exchange for on-the-spot payment. This is less likely to happen with a lawyer by your side since he or she can determine the exact value of the compensation you are entitled to receive. Filing for compensation after a car accident can be an uphill climb. You raise your chances of getting a favorable outcome by working with a lawyer because he or she has the skills, experience, and the resources needed to build a solid case for you. Talk to your car accident lawyer today and start building your case so you can get the compensation you deserve. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation.
What Does an Oil Field Injury Attorney Do?
If you have been involved in an accident whilst working in an oil field, you may need to seek help or representation. You may not know this but there are specialized attorneys that work in oil field injury. Making sure that you get the best type of representation and lawyer is key to winning your case. In this article, we will explain exactly what an oil field injury attorney does and how they can use their specialist knowledge to help fight your case. Read on to get yourself acquainted with the information you need to begin the process to claim compensation or damages. Oil Fields and American Jobs The USA is one of the leading producers of oil in the world. It is also a field in which over 145,000 employees work in some capacity. Many of these employees are directly involved in the extraction of the gas and oil themselves. Even though this is an industry where a large number of people work, things such as a lack of safety standards, professional training, and a negation of professional culpability occur. There is a disturbing reality that oil field workers are up to 7 times more likely to suffer a fatality at work than other professions. And this isn’t taking into consideration the number of people who are severely injured or hurt as a result of workplace accidents in the oil fields. Oil field injury lawyers can assist individuals or individual’s families that have been affected by any accidents that weren’t their fault, by helping them seek appropriate compensation. What Can an Oil Field Injury Attorney Do? Oil field injury attorneys will specialize in the area of oil field accidents and be knowledgable in the different types of accidents that occur. They will be able to assess your case with a wealth of experience and advise you on the best course of action to take. They will be able to recommend whether a settlement with the company or individuals can be reached without the need to go to trial. Or whether it is something that needs to be pursued in court. The benefit of hiring an oil field injury lawyer is that they know exactly how an oil field company can behave after a workplace accident. Oil companies with their own legal team and medical staff might not be acting in the best interests of you or your family. Oil companies often try to remove themselves from responsibility and deflect blame. They also hide evidence and pressure individuals into insufficient medical treatment. Sometimes they even try to terminate employment. An oil field injury lawyer has the necessary experience to tackle this kind of behavior and treatment head-on. They are able to fight for the employee’s rights and settlement and hold the oil companies accountable for their lack of duty and care. If your case does need to go to trial they can also hire appropriate medical experts and professional oil and gas expert witnesses to help strengthen your case. Common Reasons and Types of Oil Field Workplace Injuries Accidents don’t usually happen without a reason. Often an accumulation of factors or reasons will end up causing a workplace injury or fatality. Things such as a lack of supervision, poorly maintained equipment, a lack of training, defective machinery, overworked employees, and flawed policies are all reasons that can attribute to people getting injured. This is where an oil field attorney can step in and make sense of what exactly happened leading up to the accident Due to the heavy machinery and heat that can be involved in oil extraction, unfortunately, severe injuries can occur. Things such as traumatic brain injuries, severe lacerations, spinal cord injuries and paralysis, third-degree burns, crush injuries, and traumatic amputations are all injuries that have happened on an oil field. With these types of injuries, you may be able to claim for loss of earnings, medical bills, pain and suffering, reduced quality of life, and other economic or non-economic damages. What to Do First When An Accident Occurs An oil field injury attorney’s job is to get to the bottom of a case or a claim and determine liability or an employee’s negligence. This will also be dependent on whether you have workers’ comp insurance. If you have workers’ comp insurance and a co-worker or employer is at fault then you can only file a claim through a workers’ compensation claim. There are other options that can be classed as a personal injury claim or wrongful death claim, but this will depend on your circumstances. You will also have two years to file a lawsuit to be within the statute of limitations if your injury happened in Oklahoma or Texas. It is three years if it happened in New Mexico. The main thing is that as soon as the accident happens, you seek medical attention. Then consult a lawyer who can advise you on the best steps going forward with your claim. Do not rely on the oil company to be transparent or act in your best interests. Most importantly, do not sign any paperwork or statements from the oil company or receive any money before retaining an attorney. Hiring an Oil Field Injury Attorney: Where Can I Find Out More? We hope that you have found this article on hiring an oil field attorney helpful and informative. If you have been involved in an accident in an oil field, you must seek legal advice as soon as you possibly can. Severe accidents can really affect the overall quality of your life and you need to be properly compensated. This is essential for you and your family’s future. If you have any questions or queries about anything discussed in the article, why not contact us directly?
Malpractice Lawsuits: How to Sue a Doctor for Medical Malpractice
If you have experienced medical malpractice, you may definitely want to file a lawsuit. Here is a guide on how to sue a doctor for medical malpractice. 250,000 people die due to cases in which doctors have been accused of malpractice. If you are a victim of medical malpractice and are trying to figure out how to sue your doctor you’ve come to the right place. Doctors go through years of training and education. The last thing you’d want to happen is negligence on their part that leaves you injured or unwell. In this article, we are going to give you the steps that you need to follow to ensure your claim is solid. Without further delay, here is the answer you’ve been looking for when it comes to how to sue a doctor. What’s Required to File a Malpractice Claim? Before you’re able to file a claim against your doctor for medical malpractice, you need to first understand if you meet the requirements to file a claim. Before you can file a claim, the first thing that you need to prove is that there was a relationship between yourself and the doctor you’re suing. There has to be a paper trail that shows you received care from the physician, which may include invoices that sent to you after a doctor’s visit or emails reminding you of future appointments. If the physician didn’t treat you, it would be challenging to sue them for medical malpractice. The next thing that you and your legal team will seek to prove is that there was some form of negligence on your doctor’s part. This may mean that they failed to treat an existing condition. Or failed to make the correct diagnosis, resulting in a decline of your health or other harm. The injury that you’ve sustained must be a direct result of the negligence of your physician. If you were sick before dealing with your physician and your health worsens, it could be challenging to prove that you became sicker due to the doctor’s malpractice or because of your illness. All these things need to have evidence before you can file a medical malpractice claim. Gather Evidence Before you can hire a legal team, you need to ensure that you’ve gathered all the documentation and evidence you need to help your claim. Proving negligence is hard. It will make the situation harder if you aren’t able to provide documentation for your injuries. Hire the Right Legal Team You must hire a legal team that specializes in this area of law. Hiring a legal team with little experience will make it harder to win your case, and medical malpractice cases are already tricky to begin with. Your legal team will summon the medical records needed to prove that you’ve been injured. And from there, they will hire another medical professional to review your records to determine if the negligence did actually occur. If the physician finds that the records confirm medical negligence, they will sign an official affidavit, and the doctor you’re suing will be made aware of the claim. From there, your legal team will file a lawsuit, and the battle will begin between your team and the legal team of the doctor. There will be extensive documents submitted to prove that the doctor is at fault for the injuries that you’ve sustained. Hire Experts The people you hire to examine your medical records and assist with solidifying your case must be experts. Think of it this way, the more experts that can provide documentation for your claim, the better. This may include seeing a therapist for mental help, physical therapy that was needed to help with your recovery, and more. File the Claim Promptly The time that you have to file your claim is short, and it will become harder to prove negligence if you wait too long to file your claim. In Oklahoma, you have approximately one year from the date that the negligence occurred to file your medical malpractice claim. After the year has passed, you’ve moved outside of the statute of limitations and can no longer file a negligence claim. Types of Medical Malpractice There are a few types of medical malpractice that can be covered in a claim. And before you begin your claim, you must know what you can file a medical malpractice claim for. The first thing that you can file a claim for is when a doctor fails to diagnose you accurately. This means that if the doctor had made the correct diagnosis or diagnosed you in the first place, you might not have sustained the injuries that were caused by their negligence. The next thing is if the doctor provides the wrong treatment. This could mean that the doctor used a form of treatment that wasn’t beneficial and may have been wrong. When the improper treatment is used, it gives the illness or injury time to progress and, in your case, caused an injury that you didn’t have before being treated by your doctor. The last form of medical malpractice is when a doctor understands the risks that a patient assumes when entering a type of treatment, but doesn’t communicate them to the patient. This is knowingly putting the patient in danger and not allowing them to prepare themselves or avoid the risks that they’re about to take via this particular route of treatment. Reasons Malpractice May Occur Any form of medical malpractice isn’t excusable, but it’s essential to know why malpractice happens. The first reason that malpractice may occur is when a doctor works too much and maybe tired. In their fatigue, they make a mistake that they usually wouldn’t. Another reason negligence may occur is when a doctor doesn’t take time to review your test results before administering a diagnosis or treatment. The doctor also may have received the wrong information from nurses and other healthcare professionals before treating you. How to Sue a Doctor? When it comes to how to sue a doctor in
Wrongful Death Lawyer Explains What to Expect in a Wrongful Death Lawsuit
A wrongful death claim is a civil action unique in the sense that it is the representative of the deceased that files it before the courts. Family members or estate representatives seek recompense from the party who caused the wrongful death, either through negligence or deliberate intent to harm.
6 Things You Should Do After Your First Car Accident
The U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS) reported that Oklahoma had a total of 655 fatal car crashes in 2018. Often, you’ll never anticipate a car accident, especially when you’re confident in your driving experience and adherence to road use. Yet, a car crash, which is not necessarily your fault, can occur any time. If you get in a car accident, you might fret and forget to take measures to protect your rights. Drivers must know the steps to take after the first car accident. Check out this guide to know what to do after a car crash. 1. Stop After a road accident, you need to stop, whether or not your car has sustained any damages. Some drivers might feel that an accident is minor, and there’s no point in waiting for the long process involving the authorities. Driving away is the gravest mistake one can make after a road accident. You might need to confirm the state of the occupants in the other car. If the minor car crash hasn’t caused any injuries, exchange contact with the other party and get their insurance information. It is also advisable to get the contact information of the witnesses. Ensure that you protect the scene to avert more accidents. Keep the flashers on or use flares. At night, ensure that your lights are on to maintain your safety. 2. Check for Injuries You need to call 911 if you are injured in a car accident. If you have serious injuries, you need to wait for emergency personnel. Despite not having notable physical injuries, you’ll need to call 911 as you might be having internal injuries that are equally life-threatening. It is also prudent to check the occupants in your car and the other vehicle to know if they have sustained injuries that need an emergency response. Medical assistance for all the parties involved should be a priority. Amongst the first three people to seek after a car accident is a doctor. It would help to consult with a physician who deals with trauma injuries. The right doctor will ensure that you get relevant documentation for any damages, which is paramount if you file a lawsuit. 3. Call the Police The authorities should be central to your first car accident. Police officers usually fill a report based on the findings at the accident scene. You need to give accurate details of the accident for a comprehensive completion of the report. Request for a copy of the report to assist you in case you landed in court. The record will be one of the main proofs that will get you the compensation that you rightfully deserve. Avoid the temptation of settling the issue with the other party without involving the police. In situations where the police fail to come to the accident scene, visit the nearest police station to complete the report. Your insurer will need a copy of the report if you file a claim. As such, this is a step you don’t want to miss after an automobile injury. 4. Gather All Evidence You need to collect all information relating to the accident. Unless you’ve sustained severe injuries, gather as much evidence as possible to assist when filing a claim. Taking pictures and videos is the best way to record the damage caused by accidents. It could also help to note down the names and contacts of involved parties. Talk to witnesses and write their names and contact information. You might need to present the details if you ever find yourself in court. The number of insurance claims in the U.S. is high, with more than 6 million crashes every year. Insurance companies will require sufficient evidence to show that you were not at-fault before compensating. 5. Notify Your Insurance Provider Right Away If you get in your first car accident, you might be confused about who to call first. In your list of priorities, your insurance provider should have a high rank. It is vital to call the insurance company while you’re at the accident scene. The insurance provider will guide you on the steps you ought to take to file a claim. You will also receive caution on things to avoid, such as apologizing to the other party, which will be translated as admitting you are at-fault. Your insurance company will further tell you the steps you need to take if you have medical benefits in your coverage. While you might be in a financial crunch, don’t accept quick settlements. Know your rights and follow the right process of filing a claim. 6. Hire an Attorney With the notable importance of a car accident lawyer, it would be unfortunate not to hire one. If you’re in Oklahoma City, you can get a reliable personal injury attorney. The lawyer will guide you on the steps you need to take and what to expect. More importantly, an experienced attorney will negotiate for your compensation with the insurance provider. The lawyer will further represent you if the case proceeds to court. With a personal injury lawyer, you don’t have to worry about the legal fees as the attorney often works based on contingency fees. You Need to Protect Your Rights After a First Car Accident Unfortunately, most drivers don’t know what steps to take after a car crash. The situation leads to cases of rejected insurance claims. You need to follow several steps after a first car accident for you to get the rightful compensation. Hiring a lawyer for your car accident case is essential. It would be advisable to get a lawyer to assist you with the complex nature of car accidents through filing a claim. A reliable attorney will allow you to rest easy as you nurse any injuries you sustained. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation.
Wrongful Death Claims
Your Wrongful Death Claim and How We Can Help Dealing with any death is hard enough, especially if the deceased loved one died suddenly and unexpectedly. What is even harder is dealing with a death that could have been prevented. Death resulting from negligence, recklessness or misconduct leave little comfort for those who are left behind when a person dies. This is the reason why wrongful death lawsuits are filed in court, so that grieving families receive the justice and compensation owed to them. These suits are also filed so that instances of negligence and recklessness that could be life-threatening are not repeated. If you are planning on filing a wrongful death claim, read on to learn the basics about what kind of claims you can file in Oklahoma and how working with a wrongful death attorney can help you get the just compensation you and your loved ones deserve. What is a wrongful death claim? A wrongful death claim is a claim filed with the court when a negligent or wrongful act resulted in a person’s death. This claim is often filed by the surviving family members of the victim. If the deceased has no next of kin, his or her estate can file the suit for damages. The claim is made to recover compensation or monetary damages for any losses suffered, including the financial, emotional, psychological, and mental harm that the death has caused. Common Wrongful Death Cases There are various grounds for a wrongful death claim. These include: Medical malpractice Vehicular accidents Job-site accidents Deaths caused by defective drugs, products, equipment Negligence Wrongful death Claims in Oklahoma Oklahoma state laws allow family members to file wrongful death claims within two years from the date of the accident that claimed the life of the victim. The suit allows family members to claim for both tangible and intangible damages, such as financial support and compensation for medical and funeral expenses, house payments, car payments, and the like. Under state law, the closest relative has the option to file a suit. This could be a spouse, a son or daughter, or in the absence of these, parents, or siblings. Under Oklahoma Statute 12-1053, there are several recoverable actions through which plaintiffs can file a claim. For example, they can file wrongful death suits for loss of future income, especially if the victim was a primary breadwinner. Compensation from a wrongful death can help surviving family members financially recover after the death that was preceded by a lengthy hospital stay and costly medical care. Plaintiffs can file wrongful death suits for compensation of medical expenses, funeral costs, past lost income, and expenses arising from a physical disability. They can also claim property damages and compensation for pain and suffering. Punitive damages can also be included which are intended to punish the wrongdoer. Oklahoma laws do not put a cap on non-economic damages that plaintiffs can claim or receive. Non-economic damages refer to compensation for grief, loss of companionship, mental or emotional anguish suffered as a result of the wrongful death. Why Work with A Wrongful Death Attorney It is important to work with a wrongful death lawyer skilled and experienced in Oklahoma wrongful death laws especially since you need to abide by technical limitations. According to state law, plaintiffs only have two years to file a claim. Beyond this statute of limitations, plaintiffs are barred from filing a wrongful death claim even if the grounds are clearly present. A lawyer can ensure that plaintiffs are not deprived of compensation due to technical lapses like these. A lawyer can ensure that your case is supported by sufficient documentary and other types of evidence so you can file a strong claim. He or she can also advise you on the advantages of waiting for a court judgment versus opting for a settlement depending on the specific facts of your case. Filing a wrongful death is the first step towards getting the compensation you and your family deserve. A wrongful death attorney can advise you of your rights, examine your case to determine if it can stand up in court, and help you build a solid case for maximum compensation. For example, they have access to experts and consultants who can determine how the wrongful action led to the death and why you as the surviving family members are entitled to damages. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation. You can also complete our case evaluation form and one of our attorneys will contact you to help.
Reasons to Work with a Medical Malpractice Attorney in Oklahoma
Hundreds of thousands of people seek medical and surgical relief from hospitals and clinics all over the United States in any given year. And while doctors, nurses and other medical health practitioners are trusted to provide the expected level of care that their profession demands, it is also true that errors and negligence can and do occur in medical settings. In fact, a study by Johns Hopkins University revealed that more than 250,000 patients die annually in the US due to negligence and medical malpractice. Medical Malpractice in Oklahoma: Where Can It Occur? Medical malpractice situations can occur in settings where medical or health care is provided, especially as a paid service. This includes settings like: Hospitals Emergency Rooms Operating Rooms and Surgical Suites Family Medicine Offices Outpatient Centers Community Health Care Centers Birthing Clinics Cosmetic Surgery Centers Diagnostic Centers Orthopedic and Chiropractic Clinics Pharmacies Types of Medical Malpractice: Most Common Types Most people associate medical malpractice claims with outrageous mistakes such as wrongly amputating a limb or leaving surgical instruments inside the body of the patient. However, most claims are less outlandish and often subtle, such as giving the wrong dosage of medication, failing to notice signs of medication adverse effects or cross-contamination that led to infection. Other cases of medical malpractice can stem from late or misread diagnoses that caused harm. Malpractice errors can be categorized according to several categories, such as: Diagnostic Errors Improper Treatment injuries during birth, labor, and delivery Prescription Errors Medical Neglect of Elderly or Vulnerable Patients In the US, surgical errors are the most common malpractice cases for inpatient cases, while errors in diagnoses are the most common for those in outpatient settings. Legal Remedies Open to Oklahoma Plaintiffs Plaintiffs can file suits for medical malpractice in the state based on claims of negligence and others. To do this, you must show the following: The presence of a provider-patient relationship Provider failed to supply care according to the expected standard This failure led to an injury suffered by the patient The plaintiffs must also file claims within two years of the negligent act since the state imposes a 2-year statute of limitations on medical malpractice claims. Beyond this period, claimants lose the right to claim for compensation. Damages Available The good thing about Oklahoma laws is that there are no caps on economic damages claimed and awarded. Economic damages refer to losses in future earning capacity, lost wages, past, present and future medical expenses, and the like. This means the effects of negligence to your income and medical bills can be compensated to its fullest extent. The state has imposed a $350,000 cap on non-economic damages in most cases, which means that this is the maximum amount patients can claim for the emotional suffering experienced as a direct result of the negligent act. Damages arising from mental pain and anguish, effects of disfigurement, and even physical pain and suffering in the present and future are capped. The only exception has been when the plaintiff can prove that the medical professional was grossly negligent, acted with reckless disregard or intentionally acted to injure the claimant. However, on April 23, 2019 the Oklahoma Supreme Court ruled that the state’s $350,000 on recoverable non-economic damages is unconstitutional. Why Working with Medical Malpractice Lawyers Makes Sense Medical malpractice claims can be confusing and tricky. Experienced medical malpractice attorneys possess the knowledge needed to unravel the intricate medical and legal aspects of your case so that you can build a solid claim. Most hospitals and medical care providers are likely to be less than forthcoming when it comes to revealing information that could help patients claim for compensation. With a malpractice attorney, you can get access to independent medical experts who can assess your situation, analyze your medical records so they can determine what really occurred to produce the injury that you suffered. Working with an Oklahoma medical malpractice attorney also ensures that you can abide by the technical rules governing malpractice lawsuits, especially in states like Oklahoma where the statute of limitations is only two years. With a successful claim, you can be properly compensated for emotional damages, lost income and future losses of income. Financial compensation can help you recover financially from your medical injury so you can get back on your feet and move on with your life. Get in touch with your Oklahoma City medical malpractice attorney today. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation. You may also reach us through our contact us form and one of our legal professionals will contact you promptly.
The Important Role Your Personal Injury Lawyer Has in Resolving Your Case
There are many different kinds of personal injuries, ranging from vehicular accidents and workplace injuries to medical malpractice and even wrongful death. Regardless of the type, it’s important for you to seek the help of an Oklahoma personal injury lawyer so that you can get the just compensation you deserve.
Leading Medical Malpractice Attorney Discusses Misdiagnosed Diseases
A doctor is one of the most esteemed members of any community. After all, he or she is the person who “fixes” whatever hurts or aches, a job that naturally draws admiration. However, many people forget that doctors are human as well, which means their judgement is not always infallible. Indeed, a wrong diagnosis is literally a matter of life and death.
