Legal Question in Personal Injury in Oklahoma

Automobile Personal Injury

I was a passenger in a car with my friend and we were rearended at a stoplight The person was fully covered and the Farmers Insurance company initialy said they would pay for my losses. They have not paid and i tried to negotiate in good faith but got nowhere..after contacting the INS. Commission..they made a offer that would not cover my 25% of my losses I would like to to sue the Ins.Co. but i need to know exactly what procedures to use. I filed on them in small claims but the judge told me to refile it again with the persons name who hit us on it . Not just on Farmers.. Farmers is saying that i could not be hurt that bad and won't pay the bills so i couldn't get all the medical treatments that i need.. Can you tell me how to proceed..I would appreciate any help you can give me.


Asked on 12/04/97, 2:23 pm

3 Answers from Attorneys

C. Wes Pittman Pittman and Perry, P.A.

"How to Proceed"

First, do get a lawyer who does nothing but plaintiff's personal injury work all day and half the night long, 6-7 days a week.

The above advice may sound self-serving but is not meant to be. Your question about how to proceed is just too complex to provide an answer to that will be comprehensive enough to both give you all the advice you need and to tell you how to avoid the numerous pitfalls that exist in this type work. You are essentially asking someone a question like "how do I build a gas engine for an automobile?" The nuances are mindboggling. For example, there is an interaction between your insurance company and the at-fault driver's and possibly owner's company. That interaction and how it is handled is important. The possiblility exists that underinsured motorists' coverage will apply, and real traps exist there if you don't know what you're doing. Also, various elements of damage are permitted by law, and unless you know them and can factor in all the bits and pieces of information personal injury lawyers put in their mental computers to formulate an estimate about the value of a case, you will truly be lost and at the mercy of the insurance company(ies). Get a lawyer.

I hope this will be received in the spirit it is meant, i.e., to be truly helpful and informative to you.

With best regards,

Wes Pittman

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Answered on 12/04/97, 9:28 pm
Jes Beard Jes Beard, Attorney at Law

Automobile Personal Injury

Start by getting a good personal injury attorney.This is NOT something you want to try handling yourself.You have already seen how easy it is to screw up on these matters.Don't try representing yourself.

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Answered on 12/04/97, 9:37 pm
Benjamin Glass Law Offices Benjamin W. Glass & Associates

how do I proceed?

The other replies here are absolutely correct. You wouldnot likely set your own broken arm, would you.The practice of personal injury law has become extremelycomplex in the last few years. In my opinion, while youmay want to handle your own very small personal injurycase yourself, you should nevertheless at least consultwith a personal injury attorney first.

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Answered on 12/04/97, 10:02 pm


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