Damages Covered by Oklahoma Law
One of the biggest questions we get asked is: how much is my case worth? The answer to this question is not so clear. There is no formula to calculate an exact value of any one particular case because ultimately the judgment for any case is up to twelve people who sit on the jury. It is true that not every case is heard by a jury, but even when cases settle prior to a jury trial or prior to even a lawsuit being filed, both sides look at the evidence to determine what a jury would consider and how they would likely respond.
Some evidence that a jury would consider would be medical treatment, medical bills, lost wages, inability to work, permanency of injuries, disfigurement, and pain and suffering.
Medical treatment - in Oklahoma a jury will be able to consider medical records containing diagnoses and pictures showing physical injuries.
Medical bills - in Oklahoma a jury will be able to consider the amount of the bill that is paid on your behalf - but does not include any portion that is “written off” by an insurer.
Lost wages - in Oklahoma a jury will be able to consider any time you missed from work and your hourly rate, regardless of whether you used sick leave or vacation time.
Inability to work - in Oklahoma a jury will be able to consider if you lose your job due to the injuries you sustained in the collision and being unable to perform your job duties, a jury will be able to grant you additional lost wages while you seek new employment or to off-set any pay cut.
Permanency of injuries - after a car wreck, injured persons are often never the same. In Oklahoma, a jury can consider these claims and award damages as a result.
Disfigurement - In Oklahoma a jury will be able to consider any scarring resulting from airbag burns, surgeries, or gashes.
Pain and Suffering - In Oklahoma jury will be able to consider testimony regarding how the collision has affected the injured person and can award a reasonable amount of pain and suffering.
There are a lot of factors that go into determining an amount of damages in an accident case. For a more detailed explanation based on the facts of your case, give our office a call at 918-947-9747.