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Oklahoma Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Oklahoma on
Q: Does a new business in Tulsa become the 'principal contractor' when an unlicensed and uninsured handyman is injured?

I had a remodeling job for a new business. The business ignored my numerous attempts to comply with OSHA standard Gen Duty clause 5 (a) [1] by me having to work in a high heat interior workspace to hold up my obligation for the work quoted. I have proof of days, times, and hours worked and all... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 3, 2021

An Oklahoma attorney could advise best, but your post remains open for two weeks. You may have started out this matter with a personal injury attorney, but the issues you are describing would probably be better addressed by a workers' comp attorney. If you have not retained a WC attorney, you... Read more »

1 Answer | Asked in Divorce, Family Law and Personal Injury for Oklahoma on
Q: Is there a term in which a person can no longer sue for spousal abuse/domestic abuse/assault ?
Pete David Louden
Pete David Louden answered on May 4, 2021

I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.

1 Answer | Asked in Personal Injury and Car Accidents for Oklahoma on
Q: In a 3 car pile up at a traffic light, who is liable for the front car's damages( car A)? C car hits B then B hits A .
Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

An Oklahoma attorney could advise best, as there could be state-specific elements of vehicle & traffic law involved. But your question remains open for a week and you probably need to be in touch with your insurance carrier. As a GENERAL premise nationwide, vehicle C is usually liable if... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Oklahoma on
Q: My husband has a 1st offense dv a&b w / strangulation, what happens if I want the charges dropped?

I didn't want him arrested, there was no asphyxia as I could still breathe. There is no bruising. I don't want to press charges. I want him released, but I don't know what to do to make that happen.

David A. Cincotta
David A. Cincotta answered on Dec 30, 2020

First, your husband needs an attorney. The charge is a serious one. Once the case has been submitted to the DA by the police, the decision on whether to proceed and how to do so rests with the prosecutor. You may no longer wish for the prosecutor to proceed (whether through a declination of charges... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Oklahoma on
Q: My husband falsified a lease to obtain an Oklahoma driver's license nit Oklahoma residents who takes care of this

He filed for a divorce under same ID im driving 6 hrs neither of us are residents of the state he then lied and put an exparte on me the judge rolled her eyes when I chose to fight an attorney I paid did not go to court dropped it seeing me for 10,500 I paid him 1500 up front he made me print out... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

Did you have a question?

1 Answer | Asked in Personal Injury and Legal Malpractice for Oklahoma on
Q: Can a mistrial be declared if my lawyer lied to the Judge on a case predjudicing him for the following trial?

my attorney told the Judge I was a felon on a probate administration and stopped me from becoming administrator. then the judge is on the bench at a quiet title action with a pre conceived image that I am a felon and I loose the case

Pete David Louden
Pete David Louden answered on Aug 6, 2020

Are you a convicted felon?

1 Answer | Asked in Personal Injury for Oklahoma on
Q: can I use the state of Oklahoma for forcing me to put off knee surgery,
Richard Winblad
Richard Winblad answered on May 13, 2020

I assuming that you want to sue Oklahoma because it put measures in place due to Covid-19 that has delayed your knee surgery. For the State to be liable for a tort it must have acted negligently and you must proceed through the governmental tort claims act. If delay is due to public health... Read more »

1 Answer | Asked in Personal Injury for Oklahoma on
Q: Can I sue 711 for bring randomly attacked on their property
Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

It could depend on the level of security measures in place to protect the public. You could contact an Oklahoma attorney to discuss. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I am wanting to file for disability through social security and would like to know if i need a lawyer yet.

I broke my back 4 yrs ago .i had 2 compresion fractured vertibra and a smashed disk. I went through workers comp and settled it. Just wondering if i need a lawyer or should i do it myself?

Tim Akpinar
Tim Akpinar answered on Feb 27, 2020

I'm sorry for your injury. That's a decision which is going to be up to you. Maybe a consult with a lawyer could help you decide. Most lawyers in this area offer free initial consults. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Oklahoma on
Q: Where can I find the full list of laws or rules for Examination Under Oath in Oklahoma?

The 1 code listed is very vague. In California the list of EUO is at least 2 pages long on their website and it describes what is allowed and not allowed under EUO. Why is Oklahoma laws so vague concerning EUO? I’m not a policy holder and I’m a non driver on the policy, I’m also not a... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 7, 2020

An Oklahoma attorney could answer you best, but your question remains open for two weeks. As a general matter, there might not be a great deal of EUO-specific law out there. It could possibly be addressed in state insurance regulations, either expressly or impliedly, as measures permitted by... Read more »

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I was helping a friend who is building cabins at Tantaka Ranch in Stroud, OK. I was putting on a metal roof when I fell

Off the roof fracturing my calcaneus.

Stephen Michael Kalpakian
Stephen Michael Kalpakian answered on Feb 4, 2020

What is your question?

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I helped my friend at his job staining furniture and ended up cutting my arm open
Tim Akpinar
Tim Akpinar answered on Jan 4, 2020

There wasn't a question here, but your post remains open for two weeks. If you're wondering about what your rights are, it's difficult to offer any meaningful input based on the brief facts at hand. You could contact an Oklahoma attorney to discuss the matter in greater detail. In... Read more »

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I was at a hospital to pick up my sister. On the way to get vehicle, there was something sticky on the floor in the

Hallway. I fell. I hit my head so hard it took awhile to sit up and had to have a wheelchair to be taken to emergency room. I was admitted because after CT scan I had a brain bleed. I had already had a CT scan at cancer center earlier in day. The hospital Kept me over night because of the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Contact a member of the Oklahoma Assn for Justice/Oklahoma Trial Lawyers Assn. They give free consultations. Given the law in some states you may not have a claim but at least find out. Follow up with the head injury aspect--regardless of any case you may have persistent problems and these cases... Read more »

3 Answers | Asked in Personal Injury and Workers' Compensation for Oklahoma on
Q: I lost total vision in my right eye working for an individual at a unofficial fabrication shop.

I was working for a friends dad at a welding shop. my actual job was welding but the first thing I did every morning was split wood to warm up the shop which is how I lost my eye. I was using a wedge and a sledge hammer and a piece of the wedge the size of a nickel went through my right eye and... Read more »

Jason Bolitho
Jason Bolitho answered on Sep 19, 2019

It does sound like you have a Workers' Compensation Claim. Oklahoma is a no-fault state regarding work-related injuries, meaning basically that if you were hurt on the job, then your related medical bills, lost wages, permanent impairments, etc. might be paid by your employer, most likely by... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for Oklahoma on
Q: was hit by a driver he later died now suing the estate wondering if there might be legal rights to accounts

93 year old man ran a red light and hit me on the driver side. causing major injuries to me causing me to be flown and be put on full life support. we ended up suing him, but 2 months after we did he died, now suing the estate. they sold the land and the house and with the insurance money was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2019

Talk to your attorneys. If they have a contingent fee they have every interest in maxing the amount, and presumably have filed a notice of claim with the estate.

2 Answers | Asked in Personal Injury for Oklahoma on
Q: What kind of coverage does a company vehicle have to have.

If a person gets in an accident on his day off while driving a company vehicle is the insurance company only obligated to pay for liability coverage if the person driving the company vehicle is at fault.

Peter N. Munsing
Peter N. Munsing answered on Jun 14, 2019

You need to contact a member of the Oklahoma Assn for Justice who handles workers compensation to see if you are covered. As to the vehicle wreck, most auto policies have medical, some have wage loss. Ask the attorney about these "first party benefts"

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1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Oklahoma on
Q: Can I sue a drug testing facility for a false positive drug test that I voluntarily took for Child Protective Services

What lawyer can you recommend in Oklahoma

I voluntarily took a drug test for CPS. The testing fac. said it was positive for meth, methadone, Xanax, Barbiturates. These results were used against me in court and my grandkids were taken away on 8/24/18. The lab results were negative for all... Read more »

Melissa Oxford
Melissa Oxford answered on May 26, 2019

You may have a cause of action but you would have to have evidence that it was, in fact, a negative result. Your testimony will not be enough. You will need other toxicity test results from that same day to support any case you may have.

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I was getting checks from Multi injury trust fund then turned 65. Can I get back on since more injuries have came up?

I have been put on oxygen 24 hours a day from my diaphragm coming halfway up my left lung from head injury. They said signal from brain to diaphragm shorted and it is stuck there. Have abestos.

Melissa Oxford
Melissa Oxford answered on May 26, 2019

I recommend discussing these issues with your lawyer. The Multiple Injury Trust Fund can be complex and the answer to your question will depend on certain issues, and there are special laws for some injuries, including asbestosis.

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Small Claims for Oklahoma on
Q: Does a vehicle have to yield to a pedestrian attempting to halt its movement by stepping in its path?

Two vehicles are in a parking lot. The elderly Driver of Vehicle A opens their door, loses their grip due to the wind, and the door swings into Vehicle B, leaving a deep dent (6" x 3" x 1/2"). The driver of vehicle B gets out and examine the damage. When B insists A is liable for... Read more »

Kyle Persaud
Kyle Persaud answered on Mar 13, 2019

There are a number of offenses, for which each driver may be liable.

Driver A may be guilty of assault. "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Okla. Stat. tit. 21 sec. 641. A attempted to injure B with...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma on
Q: i want to sue a District Attorney Investigator. Who do I send notice of a tort claim to? City, County, or State?

DA investigator in bad faith filed an affidavit of probable cause filled with false allegations & withheld exculpatory evidence violating my 4th amendment rights. 5months in jail DA dismissed upon being informed of that material evidence withheld. so now I want to file a tort claim but who do I... Read more »

Kyle Persaud
Kyle Persaud answered on Mar 11, 2019

Unfortunately, under Oklahoma State Law, you can't sue a district attorney or his employees for performing prosecutorial functions. See White v. State ex rel Harris, 2005 OK CIV APP 79 (available online at http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=2005+OK+CIV+APP+79)... Read more »

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