Oklahoma Personal Injury Questions & Answers

Q: Does a vehicle have to yield to a pedestrian attempting to halt its movement by stepping in its path?

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Small Claims for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
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 A's car.

Driver B may be guilty of maliciously injuring a motor vehicle, because Driver B kicked the door repeatedly. Okla. Stat. tit. 21 sec. 1787 .

Q: i want to sue a District Attorney Investigator. Who do I send notice of a tort claim to? City, County, or State?

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma on
Answered on Mar 11, 2019
Kyle Persaud's answer
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)

Under the rule in White v. State ex rel Harris, filing an affidavit is a prosecutorial function. So, you can't sue in this case.

Q: If you turn 18 and if your 17 year old sibling taunts you the point of anger,can you hit them legally?

1 Answer | Asked in Personal Injury for Oklahoma on
Answered on Jan 9, 2019
Peter N. Munsing's answer
no. Look at articles on how to control your feelings. Talk to a counselor if you can.

https://www.psychologytoday.com/us/blog/fulfillment-any-age/201511/the-best-way-react-insult

https://www.psychologytoday.com/us/blog/communication-success/201409/how-successfully-handle-aggressive-and-controlling-people

good luck! Possible approach: you are learning a life skill that will be useful in the future as your sibling isn't the only hemorroid in the world. Hopefully they...

Q: i got hit head-on the other party 100% at fault bills are 12500 and she offered me 1800 and my left breast is still hurt

2 Answers | Asked in Personal Injury for Oklahoma on
Answered on Jan 9, 2019
Peter N. Munsing's answer
the adjuster is full of something. Contact a member of the Oklahoma Trial Lawyers Assn for the county where it happened. They give free consults.

You have a claim for the medical bills in most states, as well as your injuries and any lost time from work.

Your injuries are evaluated based on what you tell the doctors--if you hurt in 4 places and only mention 2, well those 2 are the only ones in the medical record. Get the free consult now.

Q: Are there other ways beyond showing medical records to prove pain and suffering for a personal injury case? Can I submit

1 Answer | Asked in Personal Injury for Oklahoma on
Answered on Dec 26, 2018
Timur Akpinar's answer
Rules of evidence can differ from state to state, but in general, medical records can demonstrate pain and suffering. You mention time off from work. If applicable, also save evidence of activities you were not able to perform as a result of injuries. Also save records of the use of any medical/orthopedic devices. If your case goes to trial, an Oklahoma attorney could advise you more meaningfully as to the admissibility of specific information or records, but it is better to have the...

Q: What would b a good estimate on a work related injury accident settlement

1 Answer | Asked in Personal Injury for Oklahoma on
Answered on Dec 22, 2018
Timur Akpinar's answer
For something of this importance, you should consult with a workers' compensation attorney. Many give free consultations. Additionally, try posting your question in the workers' comp section of this board.

Tim Akpinar

Q: I saw my child's face hit the windshield when the defendant's car rear-ended mine. Is that something I can sue for

1 Answer | Asked in Personal Injury for Oklahoma on
Answered on Oct 28, 2018
Peter N. Munsing's answer
Yes but the requirements are pretty strict as the law doesn't like it because it's hard to know if it's for real.You need to talk to an attorney about your child's case so discuss yours at the same tome. Contact a member of the Oklahoma Assn for Justice--they give free consultations.

Q: is There anyway I can receive all of my restitution payment?

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Oklahoma on
Answered on Oct 22, 2018
Keegan Kelley Harroz's answer
You will receive payment after the Defendant makes a payment and it is processed by the state.

Q: We got rear-ended in hit &run.neglient car kept driving but car inoperable stopped 1/4mile after.we had no insurance

1 Answer | Asked in Car Accidents and Personal Injury for Oklahoma on
Answered on Sep 4, 2018
Peter N. Munsing's answer
I assume you contacted cops. Talk to a member of the OK assn for justice--they give free consults.

Q: Hit a pig on a state highway. What can I do about my car damage? Livestock owner said the 2 pigs escaped fence.

1 Answer | Asked in Car Accidents, Personal Injury, Agricultural Law and Animal / Dog Law for Oklahoma on
Answered on Sep 4, 2018
Peter N. Munsing's answer
Get an estimate and have it paid for by farmer or his insurance. Or if you have collision run it through yours and they can,,,,, call farmers (as it were)(sorry).

If you were injured, contact a member of the Oklahoma Assn for Justice--they give free consults.

Q: Dated a man in the air force. He is a master sergeant and training for 1st sergeant and he asked me to marry him.

1 Answer | Asked in Personal Injury, Civil Rights and Libel & Slander for Oklahoma on
Answered on Jun 27, 2018
Benjamin W Scott's answer
You have the right to walk away from him and get him out of your life. It is probably not worth the time or effort of trying to get the $100 back.

Q: IS THERE A TAX LAW THAT TAKES HALF OF THE 25,000 RT OFF THE TOP THAT I HAD BEEN AWARDED BECAUSE OF AN ACCIDENT THE PERSO

1 Answer | Asked in Tax Law, Contracts, DUI / DWI and Personal Injury for Oklahoma on
Answered on Jun 25, 2018
Reece B. Morrel Jr's answer
With the limited facts you have given, it is hard to determine what is going on - but, I am suspicious.

First of all, it is common to have taxes "withheld" in a variety of transactions. These can include withdrawals from retirement accounts, winnings from slot machines, etc. And as an example, it is common for retirement withdrawals to include Federal withholding of approximately 30% and State withholding to be around 10% - which is less than the 50% you described.

Secondly,...

Q: Yes I need advice on what to do. I have a Workman's comp. Case on going. But I think my lawyers are not doing right.

1 Answer | Asked in Personal Injury for Oklahoma on
Answered on Jun 17, 2018
Gary Johnston Dean's answer
Talk to your lawyer again about this issue, and ask him to explain why he is not concerned. If not satisfied, take copies of everything you have, and visit with another comp attorney.

Q: While I was in a relationship we shared a computer,separate profiles & passwords. Is the info. on my profile protected?

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence, Federal Crimes and Communications Law for Oklahoma on
Answered on Apr 7, 2018
Robert Donald Gifford II's answer
It is not, however you should contact the other party to advise they have no consent to access your private accounts. You should also seek to protect those accounts. Should those accounts be accessed, it can constitute an illegal “hacking,” and you should file a police report immediately.

Q: I work at a facility that give sign-on bonuses can they legally take my bonus from me if I was injured on the job?

1 Answer | Asked in Employment Law and Personal Injury for Oklahoma on
Answered on Jan 3, 2018
Peter N. Munsing's answer
Depends on the wording of the bonus offer. Seems like you want to contact a member of the Ok Assn for Justice--they give free consults.

Q: Got hurt at work in Oklahoma Aug 10th 20154 level fusion .They are offering 39 ,000I dont t how think that is fair

1 Answer | Asked in Personal Injury and Workers' Compensation for Oklahoma on
Answered on Dec 19, 2017
Bradford Kvinta's answer
You need to speak with a personal injury attorney ASAP. Your attorney can help determine whether you're receiving fair compensation for your injuries. As a general rule, represented persons receive more compensation that unrepresented persons.

Q: If my Neighbors accusation that I Kicked their children or their dogs but in fact I haven't do anything to them.

1 Answer | Asked in Animal / Dog Law, Family Law and Personal Injury for Oklahoma on
Answered on Nov 17, 2017
Gary Johnston Dean's answer
Just tell the police it's not true. They can't arrest you without a warrant, and no prosecutor is likely to file this. So, don't worry.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: Is Oklahoma a diminished value state?

1 Answer | Asked in Consumer Law, Personal Injury and Car Accidents for Oklahoma on
Answered on Nov 11, 2017
Peter N. Munsing's answer
If you have injuries you have an injury claim and should consult a member of the OK Trial Lawyers Assn--they give free consults. with your injuries this isn't d.i.y. It's also how you'll make up any loss on what you get for the property damage.

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