Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

Getting hurt in a car accident can turn your life upside down. Between medical bills, missed work, and the stress of recovery, the financial impact adds up quickly. If the crash happened in Tulsa and was caused by someone else’s negligence, you may be entitled to seek compensation under Oklahoma law.

This guide explains what types of damages you may be able to recover after a car accident in Tulsa — including medical expenses, lost income, property damage, and more. It also covers how Oklahoma’s fault rules, deadlines, and insurance laws affect your ability to file a claim.

Understanding Damages in a Tulsa Car Accident Claim

Damages refer to the financial and personal losses someone suffers after being injured due to someone else’s negligence. These are typically divided into two categories: economic (like bills and repairs) and non-economic (like pain and mental distress). In rare cases, punitive damages may apply.

To recover damages, you’ll need to show that someone else’s careless or unlawful actions caused the crash. This often involves reviewing police reports, medical records, witness statements, and insurance details.

Oklahoma follows a modified comparative negligence rule. If you’re found to be 50% or more at fault for an accident, you cannot recover damages.

Types of Recoverable Damages in a Tulsa Car Accident

  • Medical Expenses: Covers ER visits, surgeries, hospital stays, medication, rehab, and future care if needed.
  • Lost Wages & Earning Capacity: Compensation for missed work and reduced future income due to lasting injuries.
  • Property Damage: Includes car repairs or replacement, plus damaged personal items like phones or car seats.
  • Pain and Suffering: Compensation for physical pain, mental distress, and loss of quality of life.
  • Out-of-Pocket Costs: Travel to appointments, in-home care, or other necessary expenses tied to your recovery.
  • Punitive Damages: Rare and only awarded in cases of serious misconduct, like drunk or reckless driving.

Types of Damages and Examples

Damage Type

Examples

Medical ExpensesER visits, surgeries, prescriptions, physical therapy
Lost WagesMissed work, reduced future earnings
Property DamageCar repair, total loss value, broken personal items
Pain and SufferingChronic pain, PTSD, depression, reduced quality of life
Out-of-Pocket CostsTransportation, home care, mobility aids
Punitive DamagesDrunk driving, hit and run with reckless behavior

Special Considerations in Tulsa Hit and Run Accidents

Hit-and-run cases create serious problems. If the other driver flees and can’t be found, who pays for your injuries and repairs? In these cases, your insurance policy may be your best resource.

Even in hit and run crashes, injured drivers in Tulsa may be eligible for compensation through their uninsured motorist coverage — if included in their policy.

It’s essential to report the crash to the police immediately and notify your insurer immediately. If you carry uninsured motorist (UM) coverage—which is optional in Oklahoma—it can step in and cover medical bills or lost income.

How Oklahoma’s Comparative Fault System Works

Oklahoma uses a “modified comparative fault” system. This means you can still get compensation even if you were partially at fault — as long as you’re less than 50% responsible. But your payment will be reduced by your share of fault. For example, if your damages total $100,000 but you’re found 30% at fault, you’d only recover $70,000.

Under Oklahoma law, personal injury victims have two years from the date of the accident to file a claim. Missing this deadline may result in losing the right to recover any compensation.

Statute of Limitations for Filing a Claim in Oklahoma

Most accident claims in Oklahoma must be filed within two years from the date of the crash. If you miss this deadline, you may lose your right to seek compensation. However, Oklahoma also follows the discovery rule, which means the clock may start later if you didn’t discover your injury right away — though this is more common in medical or toxic exposure cases.

If a government vehicle was involved, you may have an even shorter deadline, and you’ll need to follow a separate process.

Insurance Requirements and Claims Process in Tulsa

Oklahoma law requires drivers to carry a minimum level of liability insurance:

All drivers must carry a minimum of $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage, according to Oklahoma Statute Title 47, Section 7-204.

Filing a claim often involves reporting the crash, submitting proof of damages, giving a recorded statement, and negotiating a settlement offer. You may deal with your insurer or the other party’s insurance company, depending on who was at fault.

Keep all receipts, estimates, and medical records. These help support your claim and show the full extent of your losses.

Why Legal Support Can Make a Difference

Car accident claims are rarely straightforward. Insurance companies often try to settle quickly — and for less than what your claim may be worth. A lawyer can help gather evidence, value your damages, and negotiate a fair result.

An attorney doesn’t just handle paperwork — they guide you through Oklahoma’s laws, make sure deadlines aren’t missed, and can represent you in court if necessary.

FAQs

What types of damages can I recover after a car accident in Tulsa?

You may be able to recover medical expenses, lost wages, property damage, and pain and suffering. The value varies from case to case and is determined by the extent and long-term effects of your injury.

How is fault determined in a Tulsa car accident case?

Oklahoma uses comparative negligence, meaning your percentage of fault reduces your compensation. If you’re more than 50% at fault, you cannot recover damages.

What should I do if I was injured in a Tulsa hit-and-run?

Report the incident to the police immediately, then notify your insurer. You may be able to file a claim under your uninsured motorist coverage if the other driver is never found.

How long do I have to file a car accident claim in Oklahoma?

The standard deadline is two years from the accident date. However, there may be exceptions if the injury wasn’t discovered right away or if the at-fault party is a government entity.

Can I still file a claim if I was partially at fault?

Yes as long as your share of fault is under 50%. Your settlement will be reduced in proportion to your level of responsibility.

Do I need a lawyer to file an auto insurance claim in Tulsa?

You’re not legally required to hire a lawyer, but legal support can help you avoid undervaluing your claim or missing deadlines, especially in complex or disputed cases.

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Conclusion

If you’ve been injured in a car accident in Tulsa, understanding the types of damages you can recover is key. From hospital bills and lost income to pain and emotional distress, these losses can have a lasting impact. However, Oklahoma’s laws around fault and filing deadlines can make the process hard to navigate.

Graves McLain Injury Lawyers helps clients understand their rights and pursue the compensation they may be entitled to under Oklahoma law. Every accident is unique — and getting clear legal guidance can make all the difference.

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.

  • I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mclain I brag on them to everyone

    Margie C

  • The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H

  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.

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