Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
When someone is hurt because of another person’s careless or intentional actions, they often face mounting medical bills, time away from work, and stress over what to do next. A personal injury attorney helps navigate this situation by guiding clients through the legal process, negotiating with insurers, and fighting for a fair and equitable settlement.
Personal injury law is based on the principle that individuals must act in a manner that doesn’t harm others. If someone fails to act responsibly and that failure causes harm, they can be held legally responsible. This is called negligence.
To prove negligence in a case, the injured person must show four elements:
There are other types of personal injury claims beyond negligence, such as intentional torts and product liability. Intentional torts include assault, battery, and intentional infliction of emotional distress. Product liability cases involve defective products that harm consumers.
Oklahoma’s modified comparative negligence rule (23 O.S. § 13) bars recovery if you are 50% or more at fault. If you’re less than 50% at fault, your compensation is decreased based on your percentage of fault.
A personal injury attorney is not just someone who appears in court. Their work often starts long before a lawsuit is filed.
During the initial consultation, the attorney reviews the facts of the case, examines any available evidence, and determines whether the claim is viable. There are no guarantees of results, but a clear strategy is discussed.
Attorneys gather police reports, medical records, witness statements, and sometimes expert opinions. In vehicle accidents, event data recorders (also known as “black boxes”) or surveillance footage may be examined.
An attorney calculates damages and sends a demand letter to the responsible party or their insurance company. This letter outlines the facts, the legal argument for liability, and the amount of compensation requested.
Insurance companies often try to reduce payouts. A lawyer protects clients from being pressured into accepting less than what the case is worth.
If a settlement cannot be reached, the attorney files a lawsuit. This stage involves discovery (exchanging evidence), depositions, motions, and trial preparation.
Even after a settlement or verdict, attorneys handle lien resolution and distribute funds to ensure clients receive their share after deducting legal fees and costs.
Oklahoma law affects the amount an injured person can recover. The state uses a modified comparative negligence system. If you are found to be 30% at fault for an accident, your compensation is reduced by that 30%. At 50% or more fault, you cannot recover damages.
Most Oklahoma personal injury lawsuits must be filed within two years of the injury (12 O.S. § 95(A)(3)). Limited exceptions can extend or shorten this deadline.
Damages in personal injury claims may include Medical expenses, lost wages, pain, and property damage. Calculating these requires detailed documentation and often expert input.
Many people worry about the cost of legal fees when considering hiring a personal injury attorney. Most attorneys work on a contingency fee basis. This means the lawyer only gets paid if they secure a settlement or verdict. The fee is typically a percentage of the recovered amount, usually ranging from 33% to 40%.
Personal injury lawyers typically work on a contingency fee, which often ranges from one-third to 40% of the recovery. However, the exact percentage depends on the fee agreement and whether the case proceeds to trial.
Additional expenses such as court filing fees, expert witness fees, and document preparation may be deducted from the Settlement. It’s essential to review and understand the written fee agreement up front.
Most personal injury cases settle before going to trial. Settlements save time, money, and emotional stress. However, if the insurance company refuses to reach a fair settlement, an attorney will take the case to court.
Most personal injury claims are resolved through Settlement, rather than trial, but preparing for trial often increases settlement leverage.
An attorney’s readiness to go to trial often strengthens their negotiating position, as insurers are more likely to settle when they know the lawyer is prepared.
Not every case requires an attorney, but you should consider legal help if:
| Stage | What the Lawyer Does | Typical Evidence/Tasks | Outcome/Decision Point |
| Intake & Screening | Case viability review | Initial facts, police report, medical triage | Accept/decline/monitor |
| Investigation | Gather records, analyze liability | Medical records, EDR data, photos, surveillance | Liability and damages theory |
| Demand & Negotiation | Draft demand, calculate damages | Demand package, expert opinions | Settlement offer(s) |
| Litigation | File suit, handle discovery | Depositions, motions, expert reports | Settlement or trial preparation |
| Trial | Present evidence in court | Witnesses, exhibits, expert testimony | Jury verdict |
| Post-Resolution | Lien resolution, distribute funds | Medical liens, costs | Client receives compensation |
Most cases settle before trial because trials are costly, time-consuming, and unpredictable. Preparing for trial often helps attorneys negotiate better settlements.
Generally, you have two years from the date of injury to file a personal injury lawsuit in Oklahoma. Some exceptions may shorten or extend this deadline.
If you’re less than 50% at fault, you can still recover compensation, but your fault percentage reduces your award. At 50% or more fault, you cannot recover damages.
You pay nothing up front. The attorney’s fee is a percentage of the Settlement or verdict, plus agreed costs. If there’s no recovery, you typically owe no attorney fees.
A demand letter outlines the facts, liability, and damages in a personal injury case, supported by Documentation that includes medical bills and accident reports.
It’s best to talk to an attorney as soon as possible, especially if you have significant injuries, disputed fault, or early settlement pressure from insurance companies.
A personal injury attorney’s role is far more than filing paperwork or appearing in court. They handle every part of the process, from investigating the accident and proving negligence to negotiating settlements and, if necessary, putting cases to trial. In Oklahoma, understanding comparative negligence and the statute of limitations is critical to defending your rights.
Graves McLain Injury Lawyers has the experience to guide injury victims through each step of the legal process. If you or a loved one has been injured, contacting our team for a free consultation can help you understand your options and pursue them. The compensation you are entitled to.
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.
