Oklahoma has 2.6 million licensed drivers and 4,481,774 registered vehicles. Oklahoma City is the largest population center, with 662k residents, closely followed by Tulsa (403k). In 2021, there were 181 car crashes per day, a 7.1% increase from 2020. These led to 762 fatalities and 30,195 injuries.
Being involved in a car accident in Oklahoma or any other state is always stressful. After the chaos of the car accident itself, you are often left to deal with injuries, vehicle repairs, insurance claims, and, for some, legal action. If you pursue compensation through a personal injury lawsuit, you may wonder how long the legal process takes after a car accident. The car accident lawyers from Laird Hammons and Laird Injury Lawyers, an experienced law firm in Oklahoma City, share an overview of what to expect.
Filing The Initial Car Accident Claim
Car accidents are the most common cause of personal injury lawsuits, and there are 400,000+ lawsuits filed each year in the US, with an average claim of $20,235.
The legal process starts when the injured party (the plaintiff) files a personal injury claim against the at-fault driver’s insurance company. This is often done through car accident lawyers hired on a contingency fee basis. The car accident attorney gathers evidence like police reports, medical records, and costs related to the accident. They package this with a demand letter stating the amount of compensation requested and send it to the insurance company. This begins a negotiation process that typically takes 2-3 months.
Car Accident Settlement Negotiations
Once the insurance company receives the demand letter, they will investigate the claim and make a counteroffer. At this stage, there is usually some back-and-forth negotiation to reach a settlement amount or determine that the case needs to go to litigation. Simple cases with clear liability and limited damages may settle quickly within 2-3 months. Complex cases with significant injuries and disputed faults can take six months to a year to decide. If a settlement cannot be reached, the next step is filing a personal injury lawsuit. Oklahoma is a comparative or shared fault state, so if the plaintiff shares more than 50% of the fault, they can’t recover any damages.
Filing The Auto Accident Lawsuit
If negotiations fail, the plaintiff’s car accident attorney will file a civil complaint in court laying out claims against the defendant (the at-fault driver). The defendant will have a specified period, often 30 days, to provide an answer responding to the claims in the complaint. The case then enters the discovery phase. The total time from filing a complaint to a trial date can take 1-3 years, depending on the court’s caseload.
Car Accident Discovery Phase
The discovery phase allows each side to gain information and evidence about the case. This includes depositions, interrogatories, requests for the production of documents, and subpoenas. Discovery aims to uncover facts like the severity of injuries, insurance coverage, eyewitness statements, or medical providers and mechanics records. It usually lasts several months up to a year. Significant cases with many witnesses and evidentiary questions may have an extended discovery period.
Car Accident Case Pretrial Motions
Near the end of discovery, pretrial motions may be filed on legal issues related to evidence, witnesses, or trial procedures. The judge will make rulings shaping how the trial will proceed. For example, the defense may exclude certain medical records or expert witness testimony. Pretrial motions typically add 2-6 months to the process.
Car Accident Case Trial
Less than 5% of personal injury cases will reach a trial. But if your case does go to trial, you can expect jury selection followed by 2-7 days of witness testimony, evidence presentation, arguments, and jury deliberation. The trial date is usually set 6-12 months after the initial complaint is filed. But it can take longer for very complex cases. Once a verdict is reached, there may still be appeals to follow.
Based on these steps, you can expect the entire legal process after a car accident to take between 1-3 years in most cases if you pursue compensation through a personal injury lawsuit.
