How to File a Personal Injury Lawsuit in Oklahoma

Our experienced attorneys will guide you through filing from start to finish

Suffering an injury due to someone else’s negligence can have a significant impact on your life. Your injury may have you unable to work, in pain, and stressed about doctor visits and medical bills. On top of all of that, you may have to begin the process of taking legal action in order to hold the negligent party accountable.

The process of pursuing compensation in a personal injury lawsuit involves more than just filing a claim. It’s about understanding your rights, having strong evidence, and taking the right steps to protect your case.

At Lawter & Associates, PLLC, we guide injury victims in Oklahoma through every stage of the legal process, ensuring no detail is overlooked. Filing a lawsuit can feel like a huge stressor and weight on your shoulders, but we’re here to help.

What is a personal injury lawsuit?

A personal injury lawsuit allows an injured person (the plaintiff) to pursue compensation from someone whose actions or inactions (the defendant) caused harm. In Oklahoma, these cases can include everything from car accidents and slip-and-falls to dog bites and wrongful death. There are four elements you’ll need to establish in order to have a strong case:

Duty of care: The defendant had a responsibility to act in a reasonably safe way (for example, a driver must follow traffic laws).
Breach of duty: The defendant failed to meet that responsibility (such as texting while driving or leaving a hazard on their property).
Causation: Their actions (or inaction) directly caused your accident or injury.
Damages: You suffered real losses, such as medical bills, lost wages, or pain and suffering.

Once it’s clear that you have a valid claim, the legal process begins. Understanding these stages can help you know what to expect and prepare for each phase of your case.

The personal injury lawsuit process in Oklahoma

While no two cases are exactly alike, most personal injury lawsuits follow the same general steps. Some resolve through negotiated personal injury settlements, while others require filing a lawsuit and preparing for trial. The legal team at Lawter & Associates can help keep your case moving forward, and manage every legal detail from start to finish, allowing you to focus on your recovery.

Here are the general steps that are followed during a personal injury lawsuit:

Seeking medical attention

Your health is the top priority. Even if your injuries seem minor, it's crucial to get evaluated by a medical professional. Getting medical treatment soon after your accident not only protects your well-being but also creates official documentation of your injuries.

These medical records become critical pieces of evidence in your case, linking your injuries directly to the accident. Follow-up visits, specialized care, and ongoing treatment are also important to document for the long-term impact of your injury.

Consulting a personal injury attorney

Before beginning the personal injury lawsuit process, it’s important to speak with an experienced personal injury lawyer. The early stages of a case often involve critical decisions, such as how to handle insurance company requests, what evidence to preserve, and how to document your injuries, that can impact the outcome.

Your attorney will review the facts, explain your legal rights, and outline the potential value of your claim. A lawyer can also handle all communication with insurance adjusters. Having legal guidance from the start helps ensure deadlines are met, evidence is secured, and your case is built on a strong foundation.

Filing a complaint

The first official step in starting a personal injury lawsuit is filing a complaint with the court. A complaint is a legal document that explains your case to the judge and notifies the defendant that you are taking legal action. It lays out the facts of what happened, how the defendant’s actions caused your injuries, and what type of compensation you are seeking.

Once the complaint is filed, the defendant is formally served with a copy and given a set amount of time to respond. Their response may admit fault, deny the claims, or present defenses.

The discovery phase

After a complaint is filed and the defendant responds, the case moves into what’s called the discovery phase. This is the part of the lawsuit where both sides exchange information and gather evidence to prepare for trial.

During discovery, you can expect:

Written questions (interrogatories): Each side may send the other written questions that must be answered under oath.
Requests for documents: Both parties can ask for medical records, accident reports, photos, financial statements, or other evidence.
Depositions: These are recorded, in-person or virtual interviews where attorneys ask witnesses or parties questions under oath.
Expert witness opinions: Medical professionals, accident reconstruction experts, or others may be brought in to provide insight.

The discovery phase can take time, but it’s critical. This is when your attorney builds the strongest possible case by gathering proof of liability and damages. Often, cases may still settle during or after discovery once both sides see the strength of the evidence.

Negotiation and mediation

Many personal injury cases settle before going to trial. Your attorney will communicate and negotiate directly with the defendant’s insurance company or legal team to discuss a fair settlement. This can involve multiple offers and counteroffers as both sides try to reach an agreement without going to court.

Mediation offers a chance for both sides to come together with a neutral third party to negotiate a resolution. This process can lead to quicker outcomes and less stress for you. If mediation isn’t successful, we are ready to take the case to court.

Trial

If a settlement isn’t reached, the case goes to trial. Here, both sides present their evidence and arguments before a judge or jury. The court will determine whether the defendant is liable and how much compensation should be awarded. While trials are less common, it’s important to have a lawyer with trial experience in the event your case does go to court.

Judgment

If your personal injury case goes to trial, the judge or jury will review all the evidence, hear testimony, and make a judgment. This is the official decision determining whether the defendant is liable and, if so, how much compensation you are owed. The judgment may include damages for medical bills, lost wages, pain and suffering, and other losses caused by the accident.

Appeal

After a judgment, either party may have the right to appeal if they believe there was a legal error that affected the outcome. An appeal doesn’t re-try the case or re-examine the facts. A higher court reviews the legal procedures to determine if the original trial was fair. Appeals can extend the case timeline but may be necessary to ensure the trial was conducted fairly.

How long do I have to file a personal injury lawsuit in Oklahoma?

When filing a personal injury lawsuit, you must do so within a legal time frame referred to as the statute of limitations. In Oklahoma, personal injury lawsuits must be filed within two years from the date of the injury. Failing to file within this timeframe can result in losing the right to pursue compensation. Exceptions may apply in certain circumstances, so it's essential to consult with an attorney to preserve your legal rights.

What is the personal injury lawsuit timeline?

How long a personal injury lawsuit takes can vary depending on specific details of the case, such as the severity of injuries and how cooperative the parties are. Some cases settle quickly, sometimes in a few months, especially if liability is clear and the damages are straightforward. More complicated cases, involving serious injuries, multiple parties, or disputes over fault, and a trial, can take a year or more to resolve.

It’s important to understand that there’s no set timeframe. Your attorney can give a better estimate once the details of your case are known and guide you through each stage while working toward the fastest, fairest resolution possible.

Put experience on your side after a personal injury

Navigating a personal injury lawsuit can be overwhelming, from understanding legal procedures to gathering the right evidence. At Lawter & Associates, PLLC, we handle everything so you can focus on your recovery. Our experienced attorneys in Oklahoma City and Tulsa know the ins and outs of Oklahoma law and are dedicated to fighting for the compensation you deserve.

We guide clients through every step of the process and represent them in court if necessary. With personalized attention and a commitment to your best interests, we work to maximize your recovery and protect your rights. Contact us today for a free consultation and let us put our experience to work for you.