Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
If you’ve been injured in an accident caused by someone else’s carelessness, you’re not alone in feeling overwhelmed. Medical bills pile up, insurance companies start asking questions, and it’s hard to know what to do next. Understanding the stages of a personal injury case can help bring clarity to a stressful time.
At Graves McLain Injury Lawyers, we’ve guided many clients in Tulsa through this process. While every case is different, the steps most personal injury claims follow are pretty consistent. This guide walks you through what to expect from start to finish—so you can stay informed, prepared, and focused on recovery.
The first few days after an accident are often the most critical. Whether you’ve been in a car crash, slipped on someone’s property, or been injured in another way, it’s essential to act quickly.
The most crucial step is to get medical care right away—even if you think you’re fine. Some injuries take hours or days to show symptoms. Seeing a doctor not only protects your health but also creates a medical record that links your injuries to the accident.
You’ll also want to gather evidence if you can. That might include photos from the scene, names of witnesses, along with copies of any police reports or incident forms. Save everything, including receipts for medications or transportation to appointments.
It’s also a good idea to speak with a personal injury lawyer early on. The sooner you get legal advice, the better chance you have of avoiding mistakes that could hurt your case.
Once you’ve hired an attorney, the investigation stage begins. This part lays the groundwork for your entire claim. Your legal team will interview you in detail about what happened, collect medical records, review police reports, and reach out to any witnesses.
Sometimes, outside experts are brought in. These may include crash reconstructionists, medical specialists, or private investigators. Their job is to help establish who was at fault and how the incident caused your injuries.
Letters of representation are usually sent to all potentially responsible parties and their insurance carriers. This notifies them that you have legal representation and starts the process of determining coverage.
Oklahoma follows a modified comparative negligence system: if you’re more than 50 percent at fault, you cannot recover damages, and your fault percentage reduces any award.
Once your medical treatment is complete and the extent of your injuries is known, your attorney will prepare a demand package. This includes all medical bills, treatment summaries, evidence of lost wages, and other expenses. It also outlines the pain and suffering you’ve experienced and any long-term impacts on your life.
This demand is sent to the at-fault party’s insurance company. From there, negotiations begin. Insurers often start with low offers, hoping you’ll settle quickly. A reasonable attorney pushes back and works to get you the compensation you deserve. Not every case settles during this phase. If the insurance company refuses to offer a fair amount, the case may move to the next step.
If a settlement is reached, there are still several steps before you receive your compensation. All outstanding medical bills and liens need to be verified and resolved. Health insurance companies or government programs (like Medicaid) may need to be reimbursed.
You’ll also be asked to sign legal release forms. These documents state that you agree not to seek additional legal action in exchange for the settlement amount. In cases involving minors or individuals who are unable to sign legally, court approval may be needed.
It’s important to know exactly how much of the settlement you’ll receive after bills and fees are paid. Your attorney should give you a full breakdown so there are no surprises.
If negotiations don’t lead to a fair settlement, the next step is filing a lawsuit. In Oklahoma, you usually have two years from the date of the injury to file your claim.
The lawsuit begins by filing a legal document called a Petition with the District Court. The defendant (the party you’re suing) then files an Answer, either admitting or denying your claims.
In Oklahoma, you generally have two years from the date of injury to file a personal injury claim—missing that deadline may bar your claim entirely.
During the discovery phase, both sides share information. This includes written questions (called interrogatories), documents, and depositions—sworn statements given under oath.
At this point, many cases are still settled before going to trial. But if a resolution can’t be reached, your legal team will begin preparing for court. That includes creating exhibits, lining up witnesses, and building arguments.
At trial, each side presents its case to a judge or jury. They’ll consider the evidence and decide whether the defendant is responsible and how much compensation, if any, should be awarded.
Most personal injury cases settle before trial, but preparing your case as if it will go to court often leads to stronger negotiation outcomes.
Stage | Estimated Timeframe | What You’ll Need to Do |
Medical Treatment | 1 week to several months | Attend appointments, follow treatment plans |
Investigation | 1–4 weeks | Provide records, answer questions |
Demand & Negotiation | 2–8 weeks | Review settlement offers with your attorney |
Settlement Processing | 1–3 weeks | Sign documents, resolve bills |
Lawsuit Filing & Discovery | Several months to 1 year | Provide testimony, attend depositions |
Trial (if needed) | Varies | Appear in court if case goes to trial |
Most claims settle in 6 to 12 months, but more complex cases can take up to 2 years, especially if a lawsuit is filed and the case goes to trial.
Oklahoma law allows you to recover compensation as long as you are less than 51% at fault. Your share of fault will reduce your total recovery.
No. Settling too early can result in not being fully compensated for future medical needs. Wait until your condition is stable and thoroughly documented.
Having a lawyer helps protect your rights, especially when dealing with insurance companies or considering a lawsuit. Legal guidance often leads to better results.
You can seek compensation for medical bills, lost income, pain and suffering, and—if applicable—future care or permanent disability.
Navigating a personal injury claim can feel like it’s a lot to bear, especially when you’re trying to heal. But knowing what to expect at each stage helps you stay one step ahead. From initial treatment and investigation to demand letters, settlement, or trial, each part of the process plays a role in building a strong claim.
If you or someone you love has been injured due to someone else’s negligence, Graves McLain Injury Lawyers is here to help. Our team understands the legal process and will walk with you through every step—focused on getting you the compensation you deserve.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
