FAQ – Frequently Asked Legal Questions

Q: How do I obtain medical treatment for my injuries if I don’t have medical insurance?

A: Over the years we have developed relationships with medical doctors, specialists and chiropractic doctors who are experienced and skilled in the diagnosis and treatment of injuries sustained in motor vehicle accidents. After we have reviewed your case and determined the other party is at fault and established that the at fault party has insurance coverage or you have uninsured motorist coverage these medical professionals will treat you and wait to be paid out of your settlement proceeds.

Q: I am entitled to a rental vehicle?

A:  If your vehicle is not drivable then you are entitled to a rental vehicle immediately. Once the at fault party has made an offer for the fair market value of your vehicle then you must return the rental vehicle. If your vehicle is drivable then you will be entitled to rental vehicle when you vehicle is put into the body shop for repair and you must return the vehicle when your vehicle repairs are completed.

Q: Can I be compensated for my loss of income or loss of personal leave benefits?

A:  If you have the right proof to show the insurance carrier or to offer into evidence in court you can be reimbursed for your loss of income or loss of personal leave benefits. The treating doctor must prescribe you to be off work and your employer must confirm the amount of pay you have loss as a result the of accident. This is not as easy as it sounds and it is one reason why you should use a medical professional that is use to dealing with motor vehicle claims.

Q: Can I be compensated for future medical treatment?

A:  If you have a qualified medical specialist give a written opinion that you will need future medical treatment and estimates the cost of the treatment you should be able to recovery for your estimated future medical costs. Insurance companies and juries will value future medical expenses differently than medical treatment and expenses that you have already incurred.

Q: What is my case worth?

A:  There is no fixed amount for how much a personal injury case is worth; each individual case is different, involving a complex mix of facts and circumstances that led to the injury and contributed to the damages it caused.  In your initial consultation, Monty L. Cain will discuss the specifics of your case with you, determine if you have any viable claims against the other party, and offer a preliminary estimate of the types of damages that you are potentially eligible to recover.

Q: Do I need an attorney?

A: If you have been involved in an accident involving an automobile, car, truck, motorcycle, or slip and fall, an experienced personal injury lawyer can assess the possible claims that can be filed, investigate all critical factual or legal issues, and negotiate with the opposing party and his or her insurance company.  A lawyer is also able to consult with knowledgeable experts, such as physicians, forensic accountants, and accident investigators to determine the cause of the accident and the full extent of the damages you have suffered.  Contact us today to schedule a consultation.

Q: How long will my case take?

A:  A variety of factors can affect how long a personal injury case may take, such as the complexity of the issues, the seriousness of the injury, and the specific circumstances affecting your case.  At Monty L. Cain, P.C., we work diligently to ensure that your case is resolved as quickly and efficiently as possible.

Q: How much does it cost?

A:  At Monty L. Cain, P.C., we accept all cases on a contingency fee basis.  This means that if you do not receive a settlement or judgment in your favor, then you will not be charged attorney’s fees.  For additional questions about our fees, contact us today.

Q: How long do I have to file a case?

A:  Generally, plaintiffs have a certain period of time from the time of the accident or discovery of the injury to file a personal injury claim.  This period of time is known as the ‘statute of limitations’.  According to Oklahoma Statutes Section 12-95, subdivision (A)(3), in most circumstances the statute of limitations is a period of up to two years from the time the plaintiff knew or should have known of the injury.  In wrongful death cases, the personal representative of the decedent generally has up to two years from the time of the decedent’s death to bring a claim on behalf of his or her beneficiaries (see Oklahoma Statutes Section 12-1053).

As for medical malpractice claims, according to Oklahoma Statutes Section 76-18, plaintiffs generally have up to two years from the date of the injury or death to bring a medical malpractice claim.

If you would like more information about a particular claim, or you would like to speak to an experienced lawyer about your case, contact Monty L. Cain, P.C. today to schedule a free initial consultation.