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Oklahoma Personal Injury Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Consumer Law and Personal Injury for Oklahoma on
Q: Is a supplemental medical Insurance company allowed to overrule “multiple doctors” severity of diagnosis determination?

“On December 28th of 2023, my wife became critically ill with Flu “A” and severe double pneumonia. She was taken to a hospital in Oklahoma City and placed on a ventilator. Sadly my wife suffered a hypoxic brain injury due to the lack of oxygen her brain was getting. Now she is in a nursing... View More

Tim Akpinar
Tim Akpinar
answered on Feb 29, 2024

A Texas or Oklahoma attorney could advise best, but your question remains open for a week. I'm sorry for your wife's ordeal. Carriers do deny claims on the basis of differing medical opinions. Only a local attorney could advise on the validity of the carrier's denial under... View More

1 Answer | Asked in Personal Injury, Civil Rights, Landlord - Tenant and Municipal Law for Oklahoma on
Q: What is an illegal eviction and what if it has resulted in someone's death??
James L. Arrasmith
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answered on Feb 25, 2024

An illegal eviction occurs when a landlord removes a tenant from a property without following the legal process required by state or local laws. This can include changing the locks, physically removing the tenant's belongings, shutting off utilities, or using threats to force the tenant out... View More

2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

T. Augustus Claus
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answered on Jan 1, 2024

In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal... View More

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2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

James L. Arrasmith
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answered on Jan 1, 2024

In Oklahoma, it is illegal for anyone under 21 to purchase alcohol, and it is also illegal to furnish alcohol to a person under 21. In the scenario you described, the 19-year-old who purchased the alcohol and then provided it to the 18-year-old could indeed face legal consequences.

The law...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Health Care Law for Oklahoma on
Q: Hi I have a question my husband is in Allen Gamble Prison I'm trying to get his case switch mental health Court

Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems

James L. Arrasmith
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answered on Dec 23, 2023

In Oklahoma, transferring a case to a mental health court can be a complex process, especially if the trial is already underway. Mental health courts are designed to handle cases involving defendants with mental illnesses and may offer more appropriate resources and outcomes for such individuals.... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
James L. Arrasmith
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answered on Dec 20, 2023

The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
T. Augustus Claus
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answered on Dec 21, 2023

In Oklahoma, the general rule is that the police cannot enter your home without a warrant unless there are specific circumstances that allow for warrantless entry. If you expressly tell them they cannot enter and you do not consent, they typically need a warrant based on probable cause or an... View More

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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 Landlord - Tenant for Oklahoma on
Q: I was hurt at the Tiffany retro apartments from a leaking sink, what can I do

I broke two transverse processes in the fall

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2024

An Oklahoma attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to local attorneys to discuss in more detail. Most injury firms offer free initial consults. Good luck

1 Answer | Asked in Divorce, Personal Injury, Child Custody and Child Support for Oklahoma on
Q: I'm going through a divorce. I didn't get a lawyer and my wife obtained a Protective order quite easily. I obay it.

She breaks into my home and wrote on my clothes with a chemical that left burns. I have pictures of burns on my face and body. What can I do to protect myself.

Charles Watts
Charles Watts
answered on Dec 27, 2023

File a vandalism police report and file your own VPO.

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

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