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Oklahoma Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Oklahoma on
Q: If you where hit by a train at a railroad crossing with zero visibility, who is responsible?

I was approaching a crossing that I cross every day to and from work, I have never seen a train. The tracks where over grown with weeds and the brush on the sides where over grown limiting your ability to see a train approaching. The tracks only have a yield sign, and as I was approaching 1 day, a... View More

Melissa  Webb
Melissa Webb
answered on Nov 12, 2023

Under Oklahoma law you are required to yield at railroad crossings. Accordingly I believe you were at fault notwithstanding the visibility issues particularly since you were familiar with the route and knew there was a RR crossing there. Railroads are maintained by the federal government and you... View More

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

2 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Oklahoma on
Q: I got an est physician lien. Does this mean I'll owe money?

Husband was hit while driving and the other driver filed a claim.

T. Augustus Claus
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answered on Oct 10, 2023

In Oklahoma, a physician's lien means a healthcare provider can claim a portion of a personal injury settlement or judgment to cover medical treatment costs. If your husband received treatment after the accident and a lien was filed, the provider expects to be paid from any compensation you... View More

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2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

It's not uncommon for attorneys to conduct settlement conferences without the client present. They could include the client if there is still contention about certain facts or testimony. But by the time a settlement conference rolls around, it's largely a discussion of medical findings... View More

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2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

All of those points are suspicious for potential lawyer misconduct. While there are portions of settlement conferences where a client may not attend, a case cannot be settled without a client's express consent. The client should be provided with a written breakdown showing the settlement... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More

Charles Watts
Charles Watts
answered on Apr 13, 2023

She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 11, 2023

Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?

A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death....
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1 Answer | Asked in Personal Injury for Oklahoma on
Q: I slipped and fell on Thanksgiving morning my left shoulder pops and aches as if I tore my Rotator cuff..

Even though I hurt it in November do I have a case

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. It could depend on a number of issues, including liability or fault. If the fall was the result of a defect or negligence on the floor or the ground, it's possible. It would also hinge on medical... View More

1 Answer | Asked in Personal Injury for Oklahoma on
Q: Is it child abuse when your child was in a wreck without seat belts on and not in a booster with their mother

My youngest son hit the back of front seat and bloody his nose

Pete David Louden
Pete David Louden
answered on Jan 10, 2023

The specific details always matter such as the age of the child, size of the child, and exactly how this happened.

If the child was required to be in a booster seat and the parent simply failed to put the child in the seat, that's going to be one thing.

If a parent secures...
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1 Answer | Asked in Personal Injury and Real Estate Law for Oklahoma on
Q: AT&T through a contractor, damaged our property. Can I ask for compensation for negligence/inconvenience/delay in payme?

A contractor layed cable for ATT underground in our neighborhood. They bored a hole and placed their cable through my sewer. We had a very difficult time getting to the damaged area so the cost exceeded our expectations. Now the contractor is delaying payment for actual damages. Also, they are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This sounds like a property damage case, why would there be arbitration? You are not suing ATT over services you contracted for them to provide? You are suing as a property owner for damages incurred by their negligence. This case arises under REAL PROPERTY DAMAGE/TRESSPASS law. You need to... View More

1 Answer | Asked in Personal Injury for Oklahoma on
Q: The apartments I live in will not fix our porch light and I have fallen down the stairs and have injury to my shoulders

I had x-rays taken and my primary care doctor sent me to a specialist and now they want to do the MRI to find out what's wrong

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2023

An Oklahoma attorney could advise best, but your question remains open for a week. You could reach out to local attorneys to learn about your rights, handling of medical bills, and other aspects of the accident. Free initial consults are the norm in such matters. Good luck

1 Answer | Asked in Medical Malpractice and Personal Injury for Oklahoma on
Q: Is ineffective or wrong medication prescribed considered malpractice or negligence?

I got diagnosed with a serious, difficult to treat eye infection and was referred to a specialist that prescribed medication to treat it. It takes a while for the condition to heal in general but I can tell after a few days that the meds are not helping. Not only that, they were so painful i had to... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2023

It is malpractice. Negligence by health care providers is malpractice. Malpractice is acting below the standard of care.

See a medical specialist right away for your health.

Consult with experienced attorneys. Due to the nature of medical malpractice cases, the extent of your...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Oklahoma on
Q: I need a lawyer that is still taking the topmax lawsuit cases I
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

This law firm is still advertising for clients with Topamax birth defects claims

https://www.torhoermanlaw.com/topamax-lawsuit-topamax-birth-defects-lawsuit/#:~:text=Topamax%20Lawsuit%20Overview&text=The%20Topamax%20Lawsuit%20(specifically%20the,defects%20and%20other%20side%20effects.

1 Answer | Asked in Consumer Law, Small Claims, Personal Injury and Banking for Oklahoma on
Q: seeking advice and assistance for a potential case against the consumer reporting agency, Experian, TransUnion, Equifax

I believe that my rights under the Fair Credit Reporting Act (FCRA) and other relevant laws have been violated. The FCRA (15 USC 1681 section 602 a) establishes the need for consumer reporting agencies, such as Experian, TransUnion, and Equifax, to exercise their responsibilities with fairness,... View More

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Your post does not contain a question. You might try to rephrase.

If you are asking what kind of lawyer you should look for in the circumstances described, I would recommend you search for a lawyer who practices consumer law in or near the county where you anticipate filing suit....
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1 Answer | Asked in Libel & Slander and Personal Injury for Oklahoma on
Q: Would like to speak with a lawyer about defamation it ruined my whole reputation for life

Would prefer a lawyer out of Stilwell

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. It could be difficult for attorneys here to reach out to you. This is only a Q & A forum; it doesn't work like an attorney referral service. You could search for attorneys online, you could check the tab... View More

1 Answer | Asked in Divorce, Personal Injury and Real Estate Law for Oklahoma on
Q: I got screw ultra big time by a realitor who sold my house to her investor buddy I have try to sue but have reverse dee

The realtor had scam artest investor do and inspection then he ask for a price reduction of $1000.00 I said no but the realtor trick my divorce into says yes and it closing it went for a $1000 less. So lost $500 on sale of house. I have huge emotion stress over this. I want to sue but she claim... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 12, 2022

Sorry, but I don't think that you have a case. The divorce court apparently approved the sale, and 7 years later your claim would be barred by the statute of limitations.

It's time for you to move on and get over this.

1 Answer | Asked in Divorce, Family Law, Personal Injury and Medical Malpractice for Oklahoma on
Q: What about repeated text communications?

from paternal cousin who is going thru an alleged agreed mediated divorce with my maternal second cousin [aka “daughter”] - anything you can do about his narcissistic behavior besides ignore it? Yep. Wrap your head around that one. Lol

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

you would want to consult an Oklahoma attorney, but my read would be 1) this is one divorcing person with another--let their attorneys handle it; if they have decided not to use attorneys, be aware that the person texted is getting free information, ammunition possibly. Why stop the flow. (In... View More

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Oklahoma on
Q: What info can one use to prove common law marrige in oklahoma?
Charles Watts
Charles Watts
answered on Dec 13, 2021

Proving common law is a fact-finding adventure and you should consult with a family law attorney to assist you. While it may seem very easy it in fact can be challenging to prove.

1 Answer | Asked in Personal Injury and Car Accidents for Oklahoma on
Q: I need to know if I have a lawsuit..

I had went out with a friend which I thought was my friend and he was taking me home and I can tell that he had been up a few nights probably on some kind of drug when he was dropping me off he was screaming at me telling me to get out get out I was trying to get my things together and snap my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 7, 2021

Yes you should retain counsel and file a police report as well as file an insurance claim against his liability carrier for damages. Do not delay in seeking treatment medical treatment immediately.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Oklahoma on
Q: I need to speak with an attorney regarding a Second Degree Burglary charge I am currently facing.

I was pretty much bullied into opening the car door for my abusive boyfriend (now ex boyfriend) so he could load 2 weed eaters he had just stolen from a storage unit, into the back seat of his car. I opened the back door like I was told to, and Got directly back into the vehicle. I am being charged... View More

Tracy Tiernan
Tracy Tiernan
answered on Dec 5, 2021

If you know about a crime, you go with them to the crime scene, you stay with them and you leave with them knowing what has occurred, you will almost always be charged as a codefendant. If you could show some coercion was applied to you, threats of some sort if you did not comply, and that you did... View More

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