Understanding the Timeline for Resolving a Personal Injury Case Involving Lost Wages in Oklahoma
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
In Oklahoma, a personal injury victim seeking compensation for lost wages can expect the process to take anywhere from several months to over a year, depending on case complexity. Workers move through five main stages:
- Pre-litigation and Demand: After you gather pay stubs, employer statements and medical records, your attorney sends a demand letter to the insurer. Insurers usually respond within 30–60 days.
- Filing Suit: If negotiations stall, your attorney files a lawsuit in district court. Oklahoma’s two-year statute of limitations applies to personal injury claims (12 O.S. § 95(A)(3)).
- Discovery: Both sides exchange evidence through written questions, document requests and depositions. This phase often lasts 6–12 months.
- Mediation or Settlement Conference: Many Oklahoma courts require mediation before trial. A neutral mediator helps negotiate a final offer. Mediation can add 1–3 months.
- Trial: If you cannot settle, the case proceeds to trial. Scheduling varies by county but typically occurs 3–9 months after mediation.
Overall, a straightforward lost-wages claim may resolve in 6–9 months. Cases involving serious injuries, disputed liability or extensive discovery may take 12–24 months or longer. Your attorney can streamline evidence gathering, maintain communication with insurers and identify early settlement opportunities.
Lost wages fall under “special damages” in Oklahoma. You must prove your income loss with:
- Pay stubs or tax returns showing pre- and post-injury earnings;
- Employer statements verifying work hours and pay rates;
- Expert testimony if your injuries cause future lost earning capacity.
See 12 O.S. § 2-615(3) for the measurement of special damages including lost earnings: https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=3092.
Helpful Hints
- Keep a detailed log of medical appointments and time missed from work.
- Provide complete wage documentation to your attorney early to speed discovery.
- Communicate promptly with your attorney about settlement offers.
- Consider mediation—it often shortens your timeline and cuts legal fees.
- Understand Oklahoma’s two-year filing deadline to avoid forfeiting your claim.