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What if the automobile accident was partially my fault?
What can I recover?
How do I know what my automobile injury is worth?
What if I have been hurt before? 
Where will the money come from to compensate me?
What if the person at fault in an automobile accident has no insurance?
Am I entitled to have my car repaired? 
If my car is damaged in an automobile accident am I entitled to a rental car?
Can I choose my own doctor?
Is chiropractic care covered?
Do I have to file a lawsuit?
How long do I have to file my claim? 
Do I need an attorney?
How much does an attorney charge?
How long will it take to conclude my claim?
Will my injury affect my job? 
Where can I obtain additional information about personal injury claims?

If you are in an accident with another party, you may still be able to recover for your injuries, even if the accident was partially your fault. However, in order to recover, you must be able to prove that the other party's fault was greater than yours. In addition, the amount of compensation you receive will be reduced by your percentage of fault.

You are entitled to recover all the damages directly caused by your accident. Although every case is different, the law allows the victim of a Personal Injury to be compensated for: · Past and future medical expenses · Past and future lost wages · Loss of earning capacity · Physical pain and suffering · Emotional and mental suffering · Permanent physical impairment · Disfigurement · Property damage · Other financial loss

The value of a Personal Injury case depends upon a number of factors, including how easily the fault of the other party can be established, the seriousness of your injuries, the type of medical treatment you receive for your injuries, and the amount of insurance coverage available to pay for your injuries. Obviously, determining the precise value of your Personal Injury case prior to your release from medical treatment is a difficult, if not impossible task. Every Personal Injury case is different. Therefore, the assistance of an attorney familiar with Personal Injury law may be absolutely vital to properly determine the fair value of your Personal Injury claim. 

Previous injuries do not affect your right to recover compensation. You are still entitled to recover damages for the re-injury or aggravation of the earlier injury. 

Usually, the party who caused your injury has insurance to pay for your damages.   In lieu of or in addition to, your own insurance policy may contain coverage's which provide a source of compensation for your injuries. However, often times sources of compensation are overlooked. Consequently, the assistance of an attorney experienced in the handling of Personal Injury claims can often increase your ability to recover.  Do not expect the insurance company to tell you about all available coverage's, if you do you are going to get hurt again! 

Oklahoma law requires drivers to maintain insurance coverage on their vehicles. Unfortunately, many drivers ignore this requirement. However, in many cases, there is still insurance coverage available to provide compensation for your injuries. If the party at fault does not maintain insurance on his vehicle, or does not have enough insurance to pay for your damages, your insurance company may provide compensation if your automobile policy provides for "uninsured motorist" coverage. This is one of the most technical and complicated areas of Personal Injury law. Consequently, in this type of situation, the advice of an attorney experienced in handling Personal Injury claims may be extremely important. 

Yes! If you are involved in an automobile accident that was not your fault, the responsible party or their insurance company is liable for the damages to your vehicle.  If your automobile is a total loss, you are entitled to the reasonable market value of the vehicle. 

Yes! If the accident was not your fault, and your vehicle is not drivable as a result of the accident, the responsible party or their insurance company will pay your expenses while your car is being repaired, if the vehicle is not a total loss. 

Absolutely! The law specifically gives you the right to select your own treating physician. You do not need advance approval from an insurance company to begin medical treatment. 

Definitely! The law very clearly allows a party injured in an accident to receive chiropractic treatment. The law provides that YOU have the FREEDOM TO CHOOSE the type of medical care you receive as the result of an accident. 

Absolutely not! In fact, most Personal Injury cases are concluded without the filing of a lawsuit. Moreover, the filing of a lawsuit often delays your recovery and increases your expenses. Therefore, we feel that a lawsuit should usually be filed only as a last resort. However, sometimes a lawsuit must be filed in order to obtain a full and fair recovery. 

Usually you must either settle your case or file a lawsuit within two years of the date of your accident. If suit is not filed within this time period, you may be prevented from pursuing your claim. However, there are a number of exceptions. Consequently, the normal filing period can sometimes be extended. Therefore, you should seek the advice of a qualified attorney to be sure your rights are fully protected. 

You are not required by law to have an attorney represent you. However, without a lawyer you will be required to deal on your own directly with an experienced insurance adjuster or insurance company lawyer. It is fair to assume that either of these individuals will have the best interest of the insurance company in mind. As mentioned several times in this booklet, the best way to be sure that you receive each and every benefit provided by law, is to have the help of an attorney who understands Personal Injury law, and who is interested in YOUR RIGHTS. 

Most attorneys who handle Personal Injury cases charge a percentage of what they recover for their client. This is known as a "contingency fee arrangement." THE FIRM OF BOETTCHER, MARTIN, JEAN & JACKSON DOES NOT CHARGE AN ATTORNEY FEE UNLESS THEY ARE ABLE TO ACTUALLY RECOVER COMPENSATION ON YOUR BEHALF. We also do not charge an attorney fee for personally consulting with you about your case. Applicable regulations require that the client remain responsible for necessary expenses. 

The length of time necessary to conclude an Automobile Injury case depends upon a number of factors. Obviously, you will not be in a position to consider settling your claim until you have received sufficient medical care and are released by your physician. Therefore, the amount of time required to heal is often one of the biggest factors in determining the length of time necessary to conclude a claim. In most cases, once you have been released from medical treatment, settlement negotiations can begin almost immediately. At that point, most claims can be brought to a prompt conclusion. 

Federal law (the Americans with Disabilities Act) prohibits an employer from discriminating against an employee as the result of a disability. If your injury causes a disability, your employer must attempt to allow you to return to work even if certain reasonable accommodations must be made because of your injury. An employer cannot simply refuse to allow you to return to your job because of your disability, unless you cannot perform your job functions without a reasonable accommodation. If your employer refuses to offer accommodations, or terminates your employment, you may be entitled to damages. Pursuing claims under the Americans with Disabilities Act can be very complicated and requires that the employee first meet certain administrative requirements before actually going to court. In Oklahoma a charge of discrimination must be filed with the EEOC within 300 days of the discriminatory act.  Failure to do so results in the claim being time barred.   Therefore, it is important to discuss your prospective case with an attorney knowledgeable in this area of law immediately. 

If you have further questions, you may call BOETTCHER, MARTIN JEAN & JACKSON.   There is no charge for the additional assistance. 1-888-834-8877.