Hilbern Law

South Office:
10415 Greenbriar Place
Oklahoma City, OK 73159


North Office:
829 East 33rd Street
Edmond, OK 73013

Call For A Free 30 Minute Consultation

(405) 467-3200

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Hilbern Law

Our firm handles all types of personal injury cases. We practice premise liability cases also known as slip and falls, car accidents, and medical malpractice cases. Those are the main ones, but we also practice nursing home litigation as well.

What Exactly Is A Personal Injury Claim? When Does It Reach A Lawsuit Level?

A personal injury claim arises when someone is injured due to the negligent acts of another. For example, if you’re sitting at a stoplight and somebody rear-ends your car, you can file a claim. If the accident is not your fault, you’re injured and incur medical bills due to the other person, they should be responsible for paying your medical bills, lost wages, and pain and suffering. Usually, once the claim is in, we will try to settle the case with the insurance company, and if we can’t, then a lawsuit would be filed.

What Are Some Common Misconceptions That People Have About The Personal Injury Process?

One common misconception that people have about the personal injury process is that lawyers are there to make all the money and take it all. Another misconception involves tort reform. Oklahoma and a lot of states have enacted some sort of tort reform. The McDonald’s case, for instance, brought up a law where a lady spilled coffee in her lap, sued, and got millions of dollars. That’s not exactly the case, but people think it’s frivolous.

People believe that personal injury lawsuits are frivolous, and I’m not one to go out and sue. If you were injured because of the negligence of somebody else, then that person should be responsible and pay for their mistakes. But people don’t seem to want to do that. Insurance companies are really behind that ideology. The insurance companies don’t want their insureds to be responsible and do what’s right. They are trying to make a profit, and they make billions of dollars a year in profit by denying claims.

What Are The Steps In The Personal Injury Recovery Process?

If you’ve been injured in an accident, a car wreck, slip and fall, or a doctor’s negligence, we will first have you come in. If you don’t have a doctor of your own, we’ll help you get a doctor that can provide treatment. Usually, they’ll do it without any cost to the client because nowadays if you go to your primary care physician and tell them that you were hurt in an accident, they won’t see you. They will say you need to see a doctor that does accident cases because they are your primary care physician. They don’t want to be involved in litigation. They don’t want to give depositions. So, there are doctors that will take people without insurance, see them, not bill them, and wait for the insurance to pay or for the case to go to trial.

Usually, we try to get you set up on a medical treatment if you are injured. After following the doctor’s instructions, you are progressing. Once a doctor gets to the point where they cannot help you anymore, where you’ve reached maximum medical improvement, they will release you from treatment. At that point, we will file a claim with the insurance company and ask for the medical bills to be paid, lost wages, disfigurement, and pain and suffering. We will negotiate with the insurance company during this time, and if we cannot get settled, or if we come up on a statute of limitations, we will file a lawsuit. The statute of limitations for a personal injury claim in Oklahoma is two years from date of the incident or injury.

Sometimes we don’t have time because our clients need surgeries, and require a lot of treatment that may take a couple of years. If we can’t get the case settled with the insurance company, we’ll have to file a lawsuit, and even though a lawsuit is filed, we can still negotiate with the insurance company to try to settle the case. Again, if we can’t, we’re always working towards trial, and if we can’t settle the case, then we will have to try the case in front of the jury. A jury will then make a determination, and at that point, we’re not negotiating anymore. The fate is left in the hands of the jurors, and we are bound by what they decide.

For more information on Personal Injury Claims In Oklahoma, a Free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 467-3200 today.

David Hilbern, Esq.

Call For A Free 30 Minute Consultation
(405) 467-3200

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