Types of Damages in a Oklahoma Rollover Accident Claim
When filing a personal injury claim in Oklahoma, damages generally fall into two categories—economic damages and non-economic damages. Additionally, under specific circumstances, punitive damages might also apply. Below, we’ll break down each type and what they mean for your case.
1. Medical Expenses
The medical costs associated with rollover accidents are often overwhelming. These accidents frequently result in injuries such as traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, and severe lacerations.
Examples of medical expenses you can claim include:
- Emergency room visits and ambulance fees
- Hospital stays and surgeries
- Rehabilitation services, such as physical therapy
- Ongoing treatments like chiropractic care or pain management
- Prescriptions and medical equipment (e.g., wheelchairs, braces)
Example: Consider a situation where you suffered a spinal cord injury and required surgery, followed by months of physical therapy. All these costs, including future expenses for ongoing treatment, can be claimed in your case.
2. Lost Wages and Future Earning Potential
Rollover accidents can leave victims unable to work temporarily or permanently. If your injuries prevent you from earning your usual income during recovery—or if they impact your ability to work in the long term—you may be eligible to recover lost wages and diminished earning capacity.
Example: Suppose you work as a construction worker, and a severe leg injury from a rollover accident prevents you from returning to your physically demanding job. You might include not only your immediate lost wages but also the future income you would have earned had the accident not occurred.
3. Pain and Suffering
Unlike medical expenses or lost wages, pain and suffering fall under non-economic damages, which are harder to quantify. Pain and suffering compensate for the physical discomfort, emotional distress, and diminished quality of life caused by the accident.
Factors that may influence the value of pain and suffering damages include:
- Severity of injuries
- Long-term effects on mobility or independence
- Emotional conditions like anxiety, depression, or PTSD stemming from the accident
Example: After being involved in a terrifying rollover accident, you develop an intense fear of driving or riding in a car, leading to ongoing therapy. This emotional trauma can be included in your claim as pain and suffering.
4. Property Damage
A rollover accident often results in extensive damage to the vehicle involved, sometimes leaving it totaled. Even if the vehicle is repairable, victims may face significant costs for parts and labor.
Example: Imagine your SUV flips onto its roof after hitting a slick patch of road due to another driver’s negligence. The body damage, shattered windows, and damaged transmission result in repair costs exceeding $15,000. These repair or replacement expenses for your vehicle can be included in your claim.
5. Punitive Damages
Punitive damages are not awarded in every case. These damages are reserved for situations where the at-fault party’s conduct was especially reckless or malicious. For instance, if the rollover accident was caused by a drunk driver or someone engaging in street racing, the court may award punitive damages as a form of punishment and deterrence.
6. Other Applicable Costs
Depending on your unique circumstances, additional costs may be recoverable. These could include:
- Costs of hiring household help if you are unable to perform chores or childcare
- Transportation expenses for medical appointments
- Compensation for loss of companionship or loss of consortium (for spouses or dependents)
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