Oklahoma Personal Injury Lawsuits
Miller & Zois regularly handles personal injury cases in states across the country by partnering with local counsel. Oklahoma is one of the states where we have an established arrangement with local Oklahoma personal injury lawyers. This enables us to take all types of serious personal injury cases in Oklahoma including: medical malpractice; auto accidents; truck accidents; and more.
Under Oklahoma law, a claim for medical malpractice exists when two basic factors are present: (1) a doctor (or other medical professional) provides negligent care or treatment that falls below the accepted standard of care in that field of practice; and (2) that negligent care or treatment directly results in physical injury to the patient. Medical malpractice claims in Oklahoma can be brought against doctors and any other healthcare professional licensed by the state (e.g., dentists, nurses, hospitals, physical therapists, etc.).
Oklahoma has a 2-year statute of limitations for medical malpractice lawsuits. The 2-year period begins to run from the date that the plaintiff discovered or should have discovered that they had a malpractice claim. The “date of discovery” in Oklahoma is when the plaintiff either knew that they could file a malpractice lawsuit; OR that a reasonable person in plaintiff’s position would have realized that they could possibly file a medical malpractice lawsuit. In some cases (such as botched surgery) the date of discovery is the same date as the treatment. In other cases (such as failure to diagnose) the discovery date may not occur until months or years after the negligent medical care.
Approximately 65-70% of all plaintiffs who file a medical malpractice case in Oklahoma end up getting some financial compensation either in the form of a settlement or jury verdict. The vast majority of Oklahoma medical malpractice claims settle out of court. Only about 10% go to trial. For those that med mal cases that do go to trial, plaintiffs in Oklahoma only win about 15% of the time.
Miller & Zois is one of the most successful medical malpractice firms in the Mid-Atlantic region and many of our medical malpractice lawyers are nationally recognized in the field. Over the last 10 years alone, we have successfully recovered over $100 million in compensation on behalf of our injured clients. We have experience and a level of ability with large, complex medical malpractice cases that you may not find in local firms. If you choose M&Z to handle to your Oklahoma medical malpractice case you will get to leverage all of our resources, experience and ability. We will also team up with season local counsel in Oklahoma at no additional cost to you. You will get our heavy hitting experience and local expertise. Its like getting 2 law firms for the price of one. You also get access to our extensive network of medical experts from some of the most prestigious east-coast hospitals.
Oklahoma is an “at-fault” or tort state for auto accidents. This simply means that when an auto accident occurs, one of the drivers is determined to be “at-fault” for the accident. This at-fault driver (and his or her insurance company) is held financially liable for the costs of any and all damages that directly result from the accident. This includes not just damage to other vehicles, but the cost of any physical injuries suffered in the accident. Oklahoma law permits injured drivers to recover damages for medical expenses, lost income, and also pain & suffering associated with physical injuries that they suffer in the accident.
Oklahoma has a 2-year statute of limitations for auto accident lawsuits (except those involving wrongful death claims). The 2-year period begins to run from the date of the accident, unless the plaintiff is under the age of 18. For auto accident cases involving death, there is still a 2-year limitation period for bringing a wrongful death claim but it does not begin to run until the accident victim dies.
Oklahoma is among the majority of states that follows a rule known as comparative negligence in auto tort cases. Oklahoma has what is known as a “modified comparative negligence” standard. Under this rule a plaintiff’s damages can be reduced if they are found to be partially at fault for an accident. If the plaintiff is found to be 20% at fault, their damages will be reduced by 20%. If the plaintiff is found to be more than 50% at fault they cannot recover ANY damages.
The typical settlement value of an auto accident lawsuit in Oklahoma depends largely on the type and severity of the plaintiff’s physical injuries. A case involving minor injuries (e.g., neck sprains or “soft tissue” injuries) may have an average value between $10,000 and $20,000. An Oklahoma auto accident claim with moderate level injuries may be worth between $40,000 and $115,000 on average. Cases with the most serious injuries can be worth 2 or 3 times this average.
The truck accident lawyers at Miller & Zois can handle your Oklahoma truck accident lawsuit through local counsel at no additional cost to you. Truck accident cases involving tractor trailers or 18-wheelers are significantly different from normal auto accident cases. Big rig accidents generally involve much more serious damages because of the immense size and weight of the vehicles. Commercial trucks also carry large auto liability insurance policies with limits around $1 million. These two factors make the average compensation awards in Oklahoma truck accident cases much higher than those in regular auto accident lawsuits.
Big truck accident lawsuits are much more complex and challenging to litigated when compared to standard auto tort claims. Commercial trucking companies are usually defended by very skilled counsel compared to defense counsel in ordinary auto cases. Moreover, the depth and complexity of legal regulations involving in truck accident cases can make them very challenging for inexperience lawyers. Miller & Zois has a long track record of success representing plaintiffs in 18-wheeler accident cases. We know exactly how to win these cases and we have recovered millions from big trucking companies and their insurance carriers over the years.Oklahoma Personal Injury Settlements and Verdicts
The best way to evaluate the potential value of your own Oklahoma personal injury case is by looking at results in prior injury lawsuits. Below are summaries of recent settlements and verdicts in prior personal injury cases in Oklahoma.Oklahoma Malpractice Settlements & Verdicts
|Lewis v. Markman|
|A man underwent ACL reconstruction surgery. He suffered serious complications that ultimately resulted in an above-the-knee amputation. The man claimed that the orthopedic surgeon damaged the autograft, failed to remove it, and improperly performed the surgery. The orthopedic surgeon denied liability, arguing that he properly performed the procedure. A Tulsa County jury awarded $5,750,000.||$5,750,000|
|Arvidson v. Shavney|
|A 59-year-old woman underwent a cholecystectomy. During the procedure, the surgeon perforated her bowel. Five days later, she underwent corrective surgery but ultimately died from sepsis. Her surviving family claimed that the physician’s failure timely repair her perforated bowel caused her death. Oklahoma County.||$350,000|
|Edwards v Depani|
|A macrosomic baby was born with a brachial plexus injury. Her parents claimed that the physician failed to warn of the risks of vaginally delivering a large baby, failed to offer a C-section, and failing to properly regulate Pitocin doses. The physician denied negligence, arguing that she met the standard of care. Oklahoma County.||$700,000|
|Estate v Central|
|An 85-year-old woman suffered a fall at a nursing home. She sustained a subdural hematoma, facial trauma, and a fractured hip. The woman died six days later. Her surviving family alleged that the nursing home failed to prevent her fall, improperly supervised her, and failed to provide enough personnel for her care. The nursing home denied negligence, arguing that she died from unrelated causes. Oklahoma County.||$3,750,000|
|Estate v Zimmerman|
|Woman underwent X-rays, which the radiologist wrongly interpreted as showing no fractures. The woman was correctly diagnosed with left femur and knee fractures a week later and had surgery. She developed post-operative complications that caused her death. Her surviving family claimed that the radiologist’s failure to properly interpret her X-rays delayed her fracture diagnosis and treatments, causing her condition to worsen. The radiologist admitted misreading the X-ray but denied that his care contributed to her death. Tulsa County.||$200,000|
|Newcomb v Hill|
|A minor was involved in an auto accident. He sustained severe injuries. The boy’s father alleged that the at-fault driver’s negligence caused them.||$154,000 Settlement|
|St. Clair v Hope Trucking|
|A man was sideswiped by a tractor-trailer. He suffered traumatic brain and cervical injuries. The man underwent a cervical fusion. He alleged negligence against the truck driver. The man claimed he failed to yield the right-of-way and maintain an appropriate lookout.||$1,500,000 Verdict|
|Nelson v Nelson|
|A minor was involved in a collision. He suffered severe injuries. The boy’s father alleged negligence against the at-fault driver.||$158,666 Settlement|
|Hopkins v Parrett|
|A minor was involved in a collision at an intersection. He suffered unspecified injuries. His driver disputed the claims against her.||$100,000|
|Lewis v Maxwell|
|A woman suffered unspecified injuries in a rear-end collision. The defendant driver denied liability, contesting the accident’s cause and the extent of the woman’s injuries. Rogers County.||$88,430|
|ADM v Prof. Tree|
|A pickup truck struck a five-year-old girl. She suffered unspecified injuries. The pickup truck driver contested liability and damages.||$260,000|
|McGuiness v Seba|
|A motorcyclist struck a vehicle after it moved in front of him. He suffered unspecified injuries. The motorist denied liability, arguing comparative negligence. Oklahoma County.||$70,632|
|McCurtain v Burkhead|
|A man’s vehicle was rear-ended at an intersection. He suffered personal injuries. The other driver admitted liability but contested the claimed injuries.||$50,000|