Oklahoma Injury Lawyer Blog

Ross Jurewitz, a personal injury lawyer in San Diego recently posted some commentary on the efforts made to change our civil justice system.  His article is titled "Oklahoma Tort Reform: An Unfounded and Misquided Attack on Injury Accident Victims."

One of Mr. Jurewitz's main points is that capping plaintiff's attorneys fees will prevent medical malpractice or personal injury victims their day in court.  "I can personally tell you that the proposed cap would make it nearly impossible, if not completely impossible for some people with legitimate injury accident claims to find an attorney."  His rationale is based on the fact that a lot of contingency fee clients choose that type of fee because an hourly rate is often unaffordable - something insurance companies can afford. 

Another good point: "A contingency fee spreads the risk of failure from the client alone to both the client and his attorney."  Plaintiff's attorneys, trial lawyers, personal injury lawyers (whatever you want to call us) only get paid when the client does.  

The Seattle Times ran a story today detailing the Oklahoma Bar Association's response to the recent attacks/proposed changes to our civil justice system.  The proposed changes would limit damages available to Oklahoma personal injury and medical malpractice victims. 

Our OBA president's take on the proposed legislation:

"I call upon the Legislature to produce facts -- not myths or urban legends -- but proof of the necessity of the measures that have been introduced."

"Some of the supporters of this legislation know that Oklahoma does not have a tort crisis."

"Like they say where I'm from: 'That dog don't hunt."

The article also cites a survey of Oklahoma trial judges that found that 90 percent of judges believed there was no litigation crisis requiring legislative changes.  The survey also found that there was no severe problem in Oklahoma with frivolous lawsuits. 

Today's U.S. News & World Report ranks the 10 worst states for top nursing homes.  Oklahoma nursing homes ranks third on their list.  The rankings are based on the federal government's ranking system of top nursing homes.   

Some Oklahoma injury cases can be lost because basic steps, like going to your doctor shortly after the accident, are not taken.  However, the most important thing an Oklahoma plaintiff can do is tell the truth.  Lying about the facts of your case, or your injuries, can take a solid case to one that is murky at best. 

Honesty throughout all stages of the case is much more important than the lawyer you choose to handle your case.  Honesty is not only limited to once a lawsuit is filed though.  Being truthful in all actions of your case includes the first visit to your doctor (or ER room) after the initial accident.  Tell your doctor everything related to the injury without exaggerating and be sure to include any previous injuries.  Under no circumstances lie to your doctor, the opposing insurance adjuster/attorney, or your own lawyer.  It will come back to bite you.  A jury that views a plaintiff as dishonest has little reason to believe the full extent of the injuries claimed by that party.