Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma for guidance.
Detailed Answer
After a car accident in Oklahoma, you can seek compensation for exacerbated pre-existing injuries by carefully documenting the damage, proving the link between the collision and your worsened condition, and complying with state laws on claims and litigation.
1. Seek Immediate Medical Evaluation
Schedule a comprehensive exam right after the crash. A timely diagnosis establishes an official record of any injury flare-ups. Keep copies of all medical reports, imaging studies, treatment plans and bills.
2. Document Your Pre-Accident Condition
Gather evidence of your prior injury status, such as medical records, doctor’s notes, therapy logs and prescription histories. These records serve as your baseline and help distinguish new trauma from the pre-existing condition.
3. Establish a Link Between the Accident and Exacerbation
Obtain a treating physician’s written opinion stating that the accident aggravated your pre-existing injury. Use expert testimony if necessary. This “causation” step is vital in proving that the at-fault driver’s negligence worsened your condition.
4. File an Insurance Claim
Notify the at-fault driver’s insurer promptly. Submit your medical documentation, accident report and proof of expenses. Track all communication, keep copies of claim forms and note deadlines for submitting your demand package.
5. Understand the “Eggshell Plaintiff” Rule
Oklahoma courts adhere to the “eggshell skull” doctrine. Even if you have a fragile condition, the negligent party must compensate you for the full extent of harm their conduct caused, including aggravated injuries.
6. Know Oklahoma’s Statute of Limitations and Comparative Fault Rules
- Oklahoma requires you to start any personal injury lawsuit within two years of the accident (12 O.S. § 95).
- Oklahoma uses a modified comparative negligence system. You can recover damages if you are less than 50% at fault; your recovery reduces by your percentage of fault (23 O.S. § 61).
Helpful Hints
- Maintain a daily pain and symptoms journal to highlight changes over time.
- Photograph visible injuries and any vehicle damage immediately after the crash.
- Follow all medical advice and attend every appointment to prevent arguments over missed treatment.
- Obtain the official police report from the Oklahoma Highway Patrol or local agency.
- Consult a personal injury attorney early to review your documentation and guide negotiations or litigation.