Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma for advice on your specific situation.
Detailed Answer
1. Understand Soft Tissue Injuries
Soft tissue injuries include sprains, strains, whiplash and contusions. Injuries like these can cause pain, reduced range of motion, and ongoing medical expenses—even if X-rays show no fractures.
2. Identify Economic Damages
Economic damages compensate you for quantifiable costs:
- Medical bills: Include emergency care, doctor visits, physical therapy, chiropractic treatment and prescription costs. Keep all invoices and receipts.
- Lost wages: Calculate income lost due to missed work. Obtain statements from your employer.
- Property damage: Repair or replacement costs for vehicle damage.
3. Estimate Noneconomic Damages
Noneconomic damages cover pain and suffering, emotional distress and reduced quality of life. Oklahoma law caps noneconomic damages in most personal injury cases at $350,000 (36 O.S. §3636).
Common methods to value noneconomic damages:
- Multiplier method: Multiply total economic damages by a factor (often 1.5 to 5). Choose a multiplier based on injury severity, treatment duration and permanence.
- Per diem method: Assign a daily rate (e.g., $100–$500) for pain and suffering, then multiply by the number of days from injury to maximum medical improvement (MMI).
4. Factor in Comparative Fault
Oklahoma applies modified comparative negligence (12 O.S. §23). If you share fault, your recovery reduces by your percentage of blame. You cannot recover if you are more than 50% at fault.
5. Review Insurance Policy Limits
Check the at-fault driver’s liability coverage. If the policy limit is lower than your valuation, you may have to negotiate or consider an underinsured motorist claim under your own policy.
6. Negotiate a Settlement
Use a demand package that includes:
- A summary of medical records and bills.
- Documentation of lost wages.
- A clear calculation of economic and noneconomic damages, noting the statutory cap.
- A letter explaining why the multiplier or per diem rate fits your case facts.
Be prepared to adjust your demand based on counteroffers, incorporating new medical developments or legal arguments.
7. Consider Legal Assistance
While you can negotiate directly with an insurer, a personal injury attorney can handle complex valuation, liability disputes and appeals of low settlement offers.
Helpful Hints
- Track every medical appointment and treatment detail.
- Get a written opinion on reach of injury from your treating physician at MMI.
- Keep a pain journal to support noneconomic damage calculations.
- Request wage verification letters from employers promptly.
- Review your insurance policy to understand underinsured motorist options.
- Contact the Oklahoma Insurance Department to verify insurer regulations.
- Stay within Oklahoma’s two-year statute of limitations for personal injury claims (12 O.S. §95).