Oklahoma Brain Injury Claims

If another person’s careless actions resulted in your head injuries, you may be able to recover money to pay for all or part of the cost of medical care, loss of earnings, future costs associated with caring for yourself, and compensation for pain and suffering. In order to pursue a successful brain injury claim, you will need to show what party is responsible for the harm you have suffered; how the negligent act(s) resulted in your brain injuries; and how those injuries impact your life.

You should immediately obtain an evaluation from a healthcare provider after experiencing a traumatic event. Additionally, preserve as much information about the accident as possible (i.e., photos, witness statements, police reports, etc.) and document how you notice changes in your memory, focus/concentration, your ability to perform at work, and other aspects of your daily routine. Your lawyer can also assist you by obtaining documentation of your medical issues, estimating costs related to future medical care, identifying any potential statute of limitations that could affect your claim, and determining if the amount offered in a settlement accounts for the long-term requirements you will have.

Suffered Traumatic Brain Injury?

Get Your FREE & Confidential Case Review Today!

918-302-3700or539-295-4225

Suffered Traumatic Brain Injury?

Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.

Call Now or Send Text

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when there has been an external force that disrupted normal brain function. This could occur from a blow to the head, a violent jolt to the body, or by means of a penetrating object that penetrates through the skull. Because each traumatic brain injury will be different and because they will manifest differently it can make them very hard to deal with, both physically and legally.

Traumatic brain injuries can be categorized in several ways. The most common category of traumatic brain injuries would be non-penetrating where the force of the injury resulted in either a shaking of the brain or bruising to the brain inside of the skull, without any actual breaking of the bone. A concussion would be an excellent example. Another way of categorizing traumatic brain injuries would be based upon penetrating type injuries. These are injuries where the object penetrated the skull and made physical contact with the brain tissue. Like non-penetrating type injuries, both types of injuries can have long-lasting effects even though many times the symptoms that occurred initially seem to be minor.

According to the National Institute of Neurological Disorders and Stroke (NINDS) traumatic brain injuries can exhibit symptoms such as: headaches, dizziness, disorientation/confusion, memory difficulties, mood swings, sleep disturbances, sensitivity to light/noise, prolonged unconsciousness, severe cognitive impairments, and permanent disabilities. Many times these symptoms do not develop until later. Therefore, seeking medical attention is important after any head injury – regardless of whether you felt well enough in the hours after an accident or not.

Some examples of incidents that often result in traumatic brain injuries that lead to lawsuits against another party include auto accidents, semi-truck accidents, slip & falls on someone else’s property, work-related accidents, and sports related injuries.

Related Article(s)
Understanding the Role of Severity of Symptoms and Compensation in Concussion Settlements

Can I Claim Compensation for a Brain Injury?

In most cases, when a person has a brain injury due to someone else’s negligence (e.g. from an auto accident, a workplace accident, an item defect, a slip & fall due to a landlord/property owner) then he/she may have grounds for pursuing settlement money for their injury.

Personal Injury claims in Oklahoma rely on establishing negligence. A general rule of thumb regarding establishing a successful personal Injury claim includes proving that another party had a duty of care toward you, that that party violated that duty, that that violation led directly to your injury, and finally that you incurred actual losses as a direct result of your injury. In situations where you suffer an injury while working on the job, filing a Workers’ Compensation claim is typically the first step. However, depending upon circumstances, there could exist grounds for filing a separate lawsuit based on the negligence of a third party.

Factors That Can Influence Your Brain Injury Claim

Brain Injury settlements cover damages intended to make you whole again. This may include the cost of past and/or future medical treatment for your injuries, cost of rehabilitative services needed for your injuries, your lost income/wages since your injury, decreased ability to earn income as compared to before your injury, and also non-economic damages (i.e. pain and suffering, emotional trauma/distress, reduction of your quality of life). Depending on how outrageous/unreasonable and/or intentional the actions of the at-fault party were; it is possible you may receive punitive damages (punitive damages are less common than many believe).

The monetary worth of each and every head injury case differs depending upon all three of these types of elements; namely, the type of medical problems experienced by the injured victim; the total cost of those medical issues, as well as the total future costs of such issues; lost income due to the injury (and/or the victim’s reduced ability to earn); and the effect the injury has on the victim’s quality of life. 

Here is what typically influences the monetary worth of each individual head injury case:

1) The severity of the injury. In other words, mild traumatic brain injuries (“TBIs”) which completely resolve themselves within several months will typically receive much less money than severe TBI cases with permanent cognitive impairments, personality disorders, and/or an inability to work. Severe injuries normally have larger, longer lasting financial effects and therefore usually provide a larger award for the same reasons.

2) Medical and long term care expenses. Many times, victims of TBIs incur significant amounts of money for their treatment. Treatment may include initial emergency room visits, MRI scans, CT scans, doctor visits to specialists in neurology, as well as physical and occupational therapy. Sometimes, long term care is required, and/or there may be a necessity to make home modifications. All past medical bills should be claimed in addition to estimating future medical costs so they may be recovered also.

3) Ability to work. If an injury causes problems with memory, concentration or physical functions, it can cause difficulties for a person to continue working at his/her former job. A person may lose earnings from time missed at work, but he/she may also experience a reduction in potential lifetime earnings. Both lost earnings and reduction in earning capability over a person’s entire working life can be recovered.

4) Pain, Suffering & Quality Of Life. Under Oklahoma law, injured persons may recover “non-economic damages” or the ways in which the injury negatively affects a person’s way of living outside of what would appear on a medical statement. These include constant pain; depression; anxiety; strained family relations; and/or loss of hobbies/personal interests.

5) Fault And Comparative Negligence. Oklahoma uses a modified version of “comparative negligence.” If a plaintiff was somewhat negligent in causing their injury, their award will be reduced by the amount they were negligent, and no recovery shall be allowed if the court finds them to have been 51 percent or more at fault for the injury. One reason why the way a claim is prepared and presented is critical.

6) Insurance Coverage. The limitation in available insurance may greatly influence the actual avenues for a plaintiff to recover, but it will typically not limit an award that is possible from a court (verdict) or what a defendant may be legally liable for. 

Therefore, when determining whether or not to pursue litigation or settle a particular case, a lawyer needs to know what policies exist (including UM/UIM policy), and who is providing coverage for both the defendant(s) involved in the case and the injured victim himself/herself.

A Traumatic Brain Injury Case Success Story

A TBI case we handled for truck accident victims:

“I remember this case we handled in Tulsa where a husband and wife were hit by a truck. The husband had to stay in the hospital for several days with serious injuries while the wife was released because her injuries seemed less significant.

While speaking with her, I noticed that her responses were a little delayed. I wasn’t sure if that was normal for her, so I asked her husband if he had noticed any changes with her since the accident. He told me that she seemed to be responding more slowly and having a hard time remembering things.

We decided to have her evaluated by a neurologist after talking with her more. The tests confirmed that she did actually suffered a traumatic brain injury.

Our team secured a full recovery for the couple. The wife’s claim actually ended up being worth more than the husband’s even though he stayed in the hospital longer.”

Tony Edwards

Founder | Attorney

Your How To Guide on Filing a Brain Injury Claim

• Step 1: seek immediate medical help after a head injury
  That’s the most crucial first step. Regardless of whether you think you’re fine after a head injury, seek medical help. Symptoms of TBI may appear hours, days or weeks later. An early medical evaluation documenting the incident and your symptoms is probably the best piece of evidence you’ll have. Don’t provide an opportunity to question the severity of your injury by missing appointments, failing to receive medical treatment, etc.Step 2: collect and preserve as much information about your accident/incident as possible
  Gather and preserve all possible documentation once you’re physically able. For example: obtain copies of accident reports, police reports, photographs taken of the scene and your injuries, witness statements and contact information, records of communication with insurance companies. In addition to this documentation, maintain a personal journal recording your symptoms, how they’ve impacted your daily activities, and what you can and cannot do since your injury. Documentation such as this is critical in establishing the full extent of the effects of your injury.Step 3: speak with a lawyer who has experience handling brain injury claims
  Brain injury claims are far more complicated than many people realize. Organizing your medical documentation into a cohesive argument about how the accident caused your injury requires skill and expertise. Often, expert witnesses including neurologists, life-care planners, and vocational experts participate in these types of cases. Insurance companies hire experienced attorneys and adjusters who begin working on behalf of the defendant immediately. It can make a huge difference having a lawyer who knows how these cases are handled working on your behalf.

  At Edwards & Patterson our initial consultation is complimentary and there is no obligation. If you decide to hire us to represent you in your claim for personal injury from a brain injury (or other types of injuries), our attorneys work on a “contingent” basis which means if we do not recover money or compensation for you, you will owe no attorney’s fees. In addition, we provide detailed information regarding how we handle both attorney’s fees and case-related expenses within our written fee agreement.

  Step 4: determine how long you have to file your claim
  Most Oklahoma tort actions have a two-year statute of limitations. However, as both the type of action and the party being sued may vary; so too may the time limits for filing suit. Failing to timely file your claim will likely result in losing your rights to pursue any form of compensation. There are certain exceptions to the general rule. 

  There are specific time limits for government actions: Under the Oklahoma Governmental Tort Claims Act, a claim must normally be filed with the state within one year of when a loss occurred. The plaintiff then has a further 180 days to file an additional lawsuit against the state once the State rejects the initial claim.

  However, waiting too long to seek legal assistance may potentially jeopardize some of your rights. It could be beneficial to consult with a lawyer early in order to identify those rights and take steps to protect them.

  Step 5: either negotiate a settlement or take the case to trial
  Your brain-injury claim can be resolved either through negotiation (a “settlement”) with the at-fault party or their insurance company; or it can proceed to litigation (“trial”). Once your attorney sends a demand letter to the insurance company representing the at-fault parties describing the facts of the case and the damages you’re seeking, the parties will negotiate a potential settlement. 

  If a reasonable settlement cannot be negotiated then filing a lawsuit and going to trial will be the next option. Having an attorney who is prepared and willing to take a case to trial can significantly impact how seriously insurance companies treat your claim.

  Step 6: carefully review any proposed settlement offer
  When accepting a settlement and signing a release, you are usually entering into legally-binding agreements that would stop any additional lawsuits or recovery against the parties covered under the signed agreements. 

  Acceptance of a settlement will often include signing an agreement in exchange for money and it is likely that all claims that are included in this settlement will be released. Therefore, a settlement agreement should be reviewed thoroughly prior to signing.

  Quick Reference Checklist:

  • Seek immediate medical help
  • Document everything
  • Maintain a symptom journal
  • Consult an attorney before providing a recorded statement (and/or written statements) to an insurance company.
  • Be aware of your statute of limitations (two years in Oklahoma for most personal injury claims unless it’s against a public entity and then it’s one year).

Oklahoma Brain Injury Lawyer

Get Your FREE & Confidential Case Review Today!

918-302-3700or539-295-4225

Oklahoma Brain Injury Lawyer

Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.

Call Now or Send Text

Brain Injury Claim FAQs

How long do I have to file a claim in Oklahoma?
Typically, you have two years from the time of injury. Depending on the type of entity involved in your case, there might be notice deadlines that require action immediately. If you’re not sure of your deadline, call us today and find out.

Do I have to work with an attorney?
There is no requirement to retain a lawyer; however, research clearly shows that accident victims represented by attorneys collect substantially more money as a result of their claims, on average, than those who do not retain counsel. Additionally, because traumatic brain injury cases frequently involve complex medical information and aggressive litigation practices on behalf of the defendant’s insurance company, having an experienced advocate represent you will create a level playing field.

How much is my case worth?
The amount of your case depends upon numerous factors associated with your individual claim including: the extent and permanency of your injury, your medical bills, your loss of earnings, and the amount of insurance coverage available to compensate you. Do not believe anyone who states exactly how much your case is worth without first evaluating all of the specifics associated with your claim. We can also evaluate the amount of facts and evidence currently available in support of your claim, and discuss some of the key factors that could affect the value of your claim as well as a general range of potential results.

What do I do if my head injury occurred while I was working?
Traumatic brain injuries caused by work related accidents generally begin with filing a workers’ compensation claim to receive reimbursement for your medical expenses and part or all of your lost wages irrespective of whose fault the accident was. In some instances where a third party (a non-employee) was responsible for the accident, you may have a valid basis for pursuing additional damages via a personal injury claim. Work related traumatic brain injury claims can become very confusing; therefore, it would be advisable to consult with an attorney to determine what options apply to your individual circumstances.

If the person who harmed me does not have insurance?
More often than most people think, the person liable for causing harm to you did not carry sufficient liability insurance. If you were in a car accident involving another driver with insufficient liability insurance then you may be able to collect damages from your own insurance.

This could either be under their Uninsured Motorist Coverage or Under Insured Motorist Coverage. If this is not enough to cover your damages, then you should look into whether you have any other applicable policies. Lastly, if the at-fault party has liquid assets, then you can pursue damages directly against that party; although the success of such action depends entirely on what assets they truly possess.

Resources and More Information

If you’re looking for further education regarding traumatic brain injuries, we have included some trusted organizations below.

The National Institute of Neurological Disorders and Stroke (NIINDS), ninds.nih.gov
Information on TBI, its symptoms, how it is diagnosed, and treated.

The Centers for Disease Control and Prevention (CDC), www.cdc.gov
Data regarding TBI, ways to prevent TBI, resources for both survivors and their families.

The Brain Injury Association of America (BIAA), www.biausa.org
Resources available for TBI Survivors and their Caregivers, Local Chapters, etc.

If you would like to know more about the resources that are available locally in Oklahoma, we can provide you with this information as well. We will do our best to help you find what you need in regards to rehabilitation centers, support groups and other types of local resources regardless if you choose to use our services.

Why Edwards & Patterson Law

Tony Edwards, Matthew Patterson, and Allison Furlong represent injured individuals as opposed to representing insurance firms. The law firm opened its door in 2015 with one purpose; providing everyday folks with high-quality legal services similar to what only “deep pocket” individuals receive.

Combined, Tony Edwards, Matt Patterson, and Allison Furlong bring over fifty (50) years of experience representing clients for all types of injuries such as; auto, semi-truck accidents and catastrophic injuries including traumatic brain injury. The attorneys at Edwards & Patterson have produced multi-million dollar judgments/awards for our clients in addition to building a reputation throughout McAlester, Tulsa, and surrounding areas for being available, honest, and effective.

When you work with us you can expect:

• Your initial consultation will be free and confidential.
• You won’t pay anything until we successfully resolve your case.
• You’ll regularly receive updates regarding your case, as well as direct contact with the lawyers who are working on your case.
• The attorneys at Edwards & Patterson will take care of the insurance companies, the paperwork, and the legal process so you may concentrate on recovering from your accident.

Our doors are always open. No question is too small. That’s not a slogan, it’s how we actually operate.

Resources and Further Reading

If you want to learn more about traumatic brain injuries from a medical standpoint, the following are reliable sources:

• National Institute of Neurological Disorders and Stroke (NINDS) — ninds.nih.gov — Detailed information on TBI symptoms, diagnosis, and treatment
• Centers for Disease Control and Prevention (CDC) — cdc.gov — TBI data, prevention information, and resources for survivors and families
• Brain Injury Association of America (BIAA) — biausa.org — Support resources, local chapters, and information for TBI survivors and caregivers

For local support in Oklahoma, ask us about community resources, rehabilitation facilities, and support groups in your area. We’re glad to point you in the right direction regardless of whether you decide to hire us.