Burrage Law Firm, PLLCDurant Personal Injury Lawyer | Insurance & Family Law Attorney2026-08-21T16:04:22Zhttps://www.burragelaw.com/feed/atom/WordPressOn Behalf of Burrage Law Firm, PLLC<![CDATA[What type of compensation can be recovered after a car accident?]]>https://www.burragelaw.com/?p=2547062026-08-21T16:04:22Z2026-08-21T16:04:22ZA car accident can have devastating consequences. Victims may face significant financial, physical and emotional losses that continue long after the crash itself.
When another party is responsible for the collision, an injured person may be entitled to compensation. Understanding the types of damages available can help victims appreciate the potential value of their claims.
Economic damages
Economic damages compensate victims for measurable financial losses. These damages can generally be documented through bills, receipts, pay records and estimates. Common examples include:
Medical expenses: These may include hospital stays, surgeries, medication, rehabilitation, medical equipment and anticipated future care.
Lost wages: Victims may recover income lost while their injuries prevented them from working. Compensation may also be available for reduced future earning capacity.
Property damage: This may include the cost of repairing or replacing a vehicle, damage to personal property and reasonable rental car expenses.
Accident victims should keep copies of all bills, receipts and other records related to the crash. Thorough documentation can make it easier to demonstrate the extent of their financial losses.
Non-economic damages
A car accident can also affect a person’s life in ways that do not have a clear dollar value. Compensation for these personal and emotional losses is generally referred to as non-economic damages. Depending on the circumstances, they may include:
Loss of enjoyment of life: Injuries may prevent a victim from participating in hobbies, family activities or other parts of life they once enjoyed.
Loss of companionship or consortium: A serious or fatal injury may affect the victim’s relationship with a spouse or family members.
Mental anguish: Victims may experience anxiety, depression, grief or other forms of emotional distress.
Pain and suffering: Compensation may be available for both the physical pain and emotional suffering caused by an injury.
The compensation available after a collision depends on the nature of the injuries, the extent of the losses and other circumstances surrounding the case. Professional legal guidance can help victims document their damages and pursue the compensation they may be entitled to receive.]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[Can an insurer deny storm damage as wear and tear?]]>https://www.burragelaw.com/?p=2547032026-08-07T10:34:53Z2026-08-07T10:34:53ZWhy storm damage claims are disputed
Homeowners insurance policies generally cover sudden damage from hail, straight-line winds and tornadoes. They usually do not cover gradual deterioration, weather exposure or poor maintenance. After a storm, the insurance company inspects the property and decides if the destruction resulted from the storm or from existing conditions. If the insurer believes that wear and tear caused some or all of the damage, it can deny that portion of the claim or reduce the payment.
Signs to review the decision more closely
A homeowner might want to ask questions when the insurer:
Attributes storm damage to wear and tear without a clear explanation
Gives a repair settlement that is much lower than other estimates
Conducts only a brief inspection before denying part of the claim
Does not identify the policy language supporting the decision
Delays responding to questions about the claim
These issues do not always prove bad faith, which can involve an insurer unreasonably denying, delaying or mishandling a valid claim. However, they may give a homeowner reason to review how the insurer handled the claim more closely.
Learning about the claim process
Oklahoma law requires insurers to investigate, evaluate and process covered claims in good faith and in accordance with applicable law. Homeowners should keep photographs of the damage, inspection reports, repair estimates and written communications related to the claim. These records may become important when questions about insurance bad faith arise during the claim process.]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[Why early settlement offers after a truck crash can cost you]]>https://www.burragelaw.com/?p=2547022026-08-05T14:02:34Z2026-08-05T14:02:34ZInjuries take time to fully appear
Not all truck crash injuries show up right away. Soft tissue damage, spinal injuries and head injuries can take days or weeks to reveal their full impact.
Early offers are based only on known injuries at that time. Accepting a settlement may block future claims. Oklahoma law gives injured parties two years to file a lawsuit. However, insurance companies often want cases closed much faster.
Costs go beyond medical bills
Some injuries require ongoing care for months or years. Physical therapy, prescription medications and follow-up appointments add up quickly. Beyond medical costs, victims often cannot work during recovery. Initial offers may not cover the full impact of lost income.
Oklahoma law allows recovery for both economic losses like medical bills and wages, plus non-economic damages such as pain and suffering. Insurance companies hope victims focus only on immediate bills and overlook future needs.
Multiple parties may share responsibility
Truck crashes differ from regular car accidents because several parties might be liable. Federal regulations govern the trucking industry. This creates additional layers of accountability. Potentially responsible parties include:
The truck driver
The trucking company
Cargo loaders
Maintenance providers
Parts manufacturers
Determining who bears responsibility requires investigation and evidence gathering. Accepting an early offer from one insurer may mean missing payment from other liable parties. A full review of the crash ensures all responsible parties are held accountable.
Pressure tactics by insurance adjusters
Insurance adjusters often create a sense of urgency around settlement offers. They may claim the offer expires soon or that waiting could reduce your recovery. Some adjusters contact victims while still in the hospital, catching them at vulnerable moments. These pressure tactics aim to secure a signature before victims fully understand their situation.
Getting compensation that matches your losses
After a truck accident, insurance companies count on people accepting less than they need because of financial pressure and confusion. Early offers rarely account for the full picture. Protecting your financial future means not settling too quickly just to resolve immediate concerns.]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[How insurers evaluate rideshare driver status after an accident]]>https://www.burragelaw.com/?p=2547002026-07-22T13:52:24Z2026-07-22T13:52:24ZPersonal insurance generally governs offline driving
When the driver is offline and no longer completing a ride, insurers normally view the trip as private use. Suppose the driver logged out after the last trip and drove to a grocery store. The personal auto policy would likely apply. Even then, the insurer reviews fault, exclusions and the link between the collision and your injuries.
Primary rideshare coverage often applies while the driver waits
Coverage may change when a driver logs in but has not accepted a ride. Under Oklahoma law, the required policy provides no less than $50,000 for injury or death involving one person. It provides $100,000 total for injury or death arising from one incident. Property damage carries a separate minimum of $25,000.
The driver, the rideshare company or both may satisfy these requirements. If the company maintains the policy, its coverage does not depend on the personal insurer denying the claim first.
Higher liability coverage may take effect after ride acceptance
Once the driver accepts a request, the trip generally becomes a prearranged ride. Primary liability insurance must provide at least $1 million for death, bodily injury and property damage. That protection often begins during the drive to the pickup point and continues throughout the passenger’s trip. The policy also includes uninsured motorist coverage unless the policyholder legally waived it.
Coverage can change again after the passenger exits
The accepted ride ends when the last requesting passenger leaves the vehicle. If the app remains available, the lower waiting-stage coverage may apply. If the driver logs out, the personal policy would likely govern a later collision. That distinction arose in a federal appellate case involving a post-drop-off crash, where the driver reported available status but the insurer asserted that she was offline.
How accurate classification may affect the claim
A classification error could cause an insurer to examine the wrong policy or limits. Screenshots, ride receipts and police reports may preserve details about the driver’s activity. This evidence can support the insurer’s review.
Conflicts often arise when digital information differs from the driver’s account. Legal guidance may help compare that evidence with the contract terms. This analysis can identify the responsible carrier. It may also show which benefits could cover medical costs, lost income and other harm.]]>by Burrage Law Firm, PLLC<![CDATA[How Oklahoma comparative negligence works in car accidents]]>https://www.burragelaw.com/?p=2546982026-07-15T09:50:33Z2026-07-15T09:50:33ZOklahoma comparative negligence rules in car accident claims
Comparative negligence is a legal rule that divides fault when more than one person contributes to an accident. In Oklahoma, each party receives a percentage of responsibility. An injured person may still recover compensation if their fault is 50% or less, but the amount is reduced by that percentage. If a person is found 51% or more at fault, Oklahoma law denies any recovery of compensation. Since fault can greatly affect a claim, guidance from an experienced attorney can help address these issues.
How is fault determined in Oklahoma car accident claims?
Fault can decide how much compensation a car accident victim may receive. The process of determining fault may include:
Reviewing accident reports: Police reports can show key details about how the crash occurred.
Checking evidence: Photos, videos, vehicle records and other proof can help explain what happened.
Listening to witnesses: Statements from people who saw the crash can help confirm the events.
Comparing driver actions: Insurance companies and courts look at each driver’s role before assigning fault.
Looking at injury factors: Actions that made injuries worse may also affect fault decisions.
Reviewing the facts closely helps create a clearer picture of who was responsible for the accident.
Strategies to minimize your percentage of fault
The right legal strategy can help strengthen a claim by addressing disputed fault with clear evidence and a focused approach. These steps may include:
Gathering strong evidence: Photos, medical records, witness statements and other records can help show how the accident happened.
Preserving important evidence: Crash scene details and other evidence should be secured before they are lost or changed.
Using expert opinions: Accident reconstruction and medical experts can help explain how the crash occurred and how the injuries happened.
Challenging unfair blame: Clear evidence can help challenge weak or unsupported fault claims.
An experienced car accident attorney can coordinate these steps, build a stronger case and help protect the opportunity to recover fair compensation.
Protecting your claim
Oklahoma’s comparative negligence rule can turn a small fault finding into a major change in compensation. Legal guidance can help injured individuals address disputed blame and pursue a fair recovery.]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[Negligent hiring and party bus accidents: What to know]]>https://www.burragelaw.com/?p=2546962026-07-14T02:19:40Z2026-07-14T02:19:40ZWhether hired for a divorce party, birthday, bachelorette or some other special occasion, party buses are supposed to be fun. When they’re involved in a crash, however, the injuries associated with a party bus accident can be severe.
While the actions of the bus driver are naturally going to be scrutinized after a wreck, the company that hired that driver may also bear responsibility for the wreck when it failed to use reasonable care. Party buses are advertised as safe options for revelers – but they’re not safe when a driver is reckless or inexperienced.
Negligent hiring can contribute to a party bus accident
Negligent hiring claims arise when a transportation company puts an unqualified or unsafe driver on the road. If the company ignored warning signs or failed to conduct appropriate screening, it may be liable for injuries that could have been prevented with proper hiring and supervision practices. Depending on the circumstances, evidence of negligent hiring may include:
Failing to conduct a meaningful background check
Hiring a driver with a history of DUI convictions or reckless driving
Ignoring prior crashes or repeated traffic violations
Failing to verify the driver's commercial license or qualifications
Hiring someone with a suspended, revoked or expired license
Overlooking failed drug or alcohol tests
Keeping a driver on the road despite complaints about unsafe driving or dangerous behavior
Failing to provide appropriate training or supervision
Evidence such as employment records, personnel files, driving histories, company policies and maintenance records may all help establish whether the company exercised due caution before allowing a particular driver behind the wheel.
More than one party may be responsible
The bus company is not always the only potentially liable party after a wreck. Depending on how the crash occurred, responsibility may also rest with the driver, another negligent motorist, a maintenance contractor that performed improper repairs or even the manufacturer of some mechanical part of the bus that contributed to the collision.An experienced attorney can investigate the circumstances of the party bus accident, identify all potentially responsible parties and work to preserve evidence before it disappears so that your interests are protected. ]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[How the Monsanto decision could affect product liability claims]]>https://www.burragelaw.com/?p=2546942026-07-03T17:47:34Z2026-07-03T17:47:34ZWhile focused on the herbicide “Roundup,” the U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell could end up having a long reach – with lasting changes for many product liability claims.
The decision focuses on when federal law takes priority over state law. As the courts begin applying the ruling in future cases, manufacturers, consumers and attorneys will be watching closely.
The case centered on federal preemption
The main issue in Monsanto Co. v. Durnell was whether federal law overrides state law in certain product liability cases. The plaintiff alleged that Roundup was negligent for failing to use labels with a warning about a possible cancer risk. Monsanto responded that the U.S. The Environmental Protection Agency had already approved the product's existing label under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Because of that federal approval, the company argued that states should not be allowed to require different or additional warnings.In a 7-2 decision, the Supreme Court agreed. The Court ruled that whenever federal law controls a product's labeling, states generally cannot require manufacturers to add warnings that go beyond those federal requirements. As a result, some failure-to-warn claims may not be allowed when they conflict with federal labeling rules.Although Durnell involved a pesticide, the decision could also affect cases involving other products that are regulated by federal agencies. While not applicable to every product or product label, it may affect product liability claims involving prescription drugs, medical devices and more. Whether the decision applies will depend on the facts of the case, the product involved and the federal law that governs it. Attorneys on both sides of cases will likely begin to test how broadly the decision is going to be interpreted.
Product liability law will continue to evolve
Plaintiffs alleging defective labeling can expect their cases to undergo more scrutiny and longer processes in the future, but nobody should assume their case will fail due to this ruling without consultation with an experienced attorney. Plaintiffs may still bring claims involving defective design, manufacturing defects or other forms of negligence, as well.For businesses that manufacture or sell federally regulated products, the decision is an important reminder. Staying informed about new legal developments and seeking experienced legal guidance can help businesses understand their obligations and respond effectively when product liability issues arise.]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[How Oklahoma’s new damages cap affects your claim]]>https://www.burragelaw.com/?p=2546902026-06-19T15:03:31Z2026-06-19T15:03:31ZWhat are non-economic damages?
When you are injured in an accident, your losses fall into two categories. Economic damages are the ones you can prove with a receipt or a pay stub: medical bills, lost wages and property damage. Oklahoma does not cap these.
Non-economic damages cover the losses that do not come with a price tag but are no less real. They include the physical pain you endure, the emotional weight of your injury and the activities and experiences you can no longer enjoy. These damages recognize that an injury affects more than your finances. It affects the way you live and the people you love.
What changed in 2025?
A $350,000 limit on non-economic damages was once part of Oklahoma law, but in 2019 the state Supreme Court ruled it could not stand. For six years, juries were free to award whatever amount they believed was fair. That changed when Governor Kevin Stitt signed Senate Bill 453 into law in May 2025, reinstating the cap at $500,000 effective September 1, 2025, for injuries occurring on or after that date.
What does this mean for your case?
The $500,000 cap does not apply in every situation. If the person who hurt you acted with gross negligence, fraud or malice, the cap is removed entirely. For everyone else, the cap was promoted as tort reform to protect businesses and reduce unpredictable verdicts. What it actually does is limit what a jury can award you.
The people most affected are those living with debilitating conditions but modest economic damages. Think of someone in chronic pain after a truck accident caused by a fatigued driver whose condition does not meet the strict legal definition of a severe physical injury. Before this law, a jury could fully account for that suffering. Now, there is a ceiling regardless of what your peers believe is fair.
Why does legal guidance matter more than ever?
This change does not mean you have no recourse. It means building the strongest possible case matters more than ever. Understanding which exceptions may apply, thoroughly documenting your injuries, and presenting a complete picture of how your life has changed are all critical to maximizing what you can recover.
If you have been injured in an accident in Oklahoma, speaking with an experienced personal injury attorney gives you a better opportunity to protect what you are still entitled to receive.
]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[What is seat belt syndrome?]]>https://www.burragelaw.com/?p=2546892026-06-16T12:42:58Z2026-06-16T12:42:58ZTo be perfectly clear: seat belts do save lives. Roughly 15,000 people get to walk away from car wrecks every year that would otherwise be fatal because seat belts are now standard equipment in motor vehicles. That makes them one of the most significant safety features ever developed for autos. However, the same restraint that protects occupants during a collision can also cause injuries when tremendous forces are involved. One of those injuries is commonly known as "seat belt syndrome."
How does seat belt syndrome happen?
During a collision, a vehicle can come to a sudden stop while the occupants continue moving forward. A seat belt prevents occupants in the vehicle from being thrown into the dashboard, steering wheel, windshield or out of the vehicle altogether. In doing so, the belt absorbs and distributes some of the crash forces across the body.The problem is that those forces can be very strong, particularly in high-speed crashes. As the belt tightens across someone’s chest and abdomen, it can leave visible bruising and cause injuries to the person’s underlying muscles, organs and bones.Medical professionals often use the phrase "seat belt sign" to describe bruising or abrasions that follow the path of the seat belt. While these marks may appear minor, they can sometimes indicate more serious internal injuries. Common injuries associated with seat belt syndrome include:
Bruising and soft tissue injuries
Rib fractures
Sternum fractures
Abdominal injuries
Internal bleeding
Intestinal or bowel injuries
Damage to the liver, spleen or other organs
Spinal fractures, particularly in the lower back
Some of these injuries may not be immediately apparent at the scene of a crash. A person may initially feel sore or shaken up only to develop worsening symptoms hours or even days later.
Why prompt medical attention matters
One of the dangers of seat belt syndrome is that internal injuries can be difficult to recognize without proper medical evaluation. Abdominal pain, dizziness, nausea, swelling or unexplained bruising after a car accident should never be ignored. It is never safe to dismiss injuries from seat belts as “just bruising” without a solid medical evaluation. Seeking prompt medical care not only helps protect your health but can also create important documentation connecting your injuries to the collision if you need to pursue compensation later. Delays in treatment can make both your recovery and any subsequent injury claim more complicated. Compensation may be available for medical expenses, lost wages, pain and suffering and other losses related to the accident.Insurance companies sometimes minimize injuries that do not involve obvious fractures or catastrophic trauma. However, internal injuries, organ damage and spinal injuries can have long-lasting consequences and may require extensive treatment.If you notice bruising across your chest or abdomen, experience increasing pain or develop unusual symptoms after a crash, seek medical attention as soon as possible. What appears to be a simple seat belt bruise may actually be a warning sign of a much more serious injury.]]>On Behalf of Burrage Law Firm, PLLC<![CDATA[What evidence should you preserve after a product-related injury?]]>https://www.burragelaw.com/?p=2546852026-06-04T18:56:07Z2026-06-04T18:56:07ZDefective, dangerous products slip into the consumer marketplace more often than people realize. In 2024 alone, for example, 15.1 million people were seen in emergency rooms due to product-related injuries. If you find yourself in that predicament in the future, one of the most important things you need to remember is that the strength of a product liability claim often depends on whether the product (and related evidence) is available for inspection. Unfortunately, critical evidence is frequently lost because someone throws away the product, discards the packaging or repairs the item before anyone has had a chance to examine it. Once that evidence disappears, it may become much more difficult to prove what went wrong – and who may be responsible.
Keep the product – as is
The product that caused the injury is usually the most important piece of evidence in a case. Discontinue all use and, if possible, immediately put the item aside in a safe place. Do not:
Repair the product
Alter it in any way
Throw away damaged components
Return it to the manufacturer
Down the line, the product may need to be inspected to determine whether it contained a design defect, manufacturing defect or inadequate warnings.
Keep all packaging and documentation
If you still have access to the packaging the product came in, put that aside, also. Packaging can be incredibly valuable a product liability case. Boxes, labels, instruction manuals, warranty information and warning labels can all provide important data about how the product was marketed and whether adequate safety information was included. Try to preserve:
The original packaging
User manuals
Assembly instructions
Warranty documents
Product registration materials
Receipts and proof of purchase
These items may help identify the manufacturer, distributor or retailer involved and more.
Photograph everything
Photographs can be worth a great deal. Take pictures of the product from multiple angles, the accident scene and any visible injuries you may have. It can also be helpful to document:
Any property damage
Product serial numbers or model numbers
Warning labels
The sooner photographs are taken, the more accurately they can reflect the conditions that existed at the time of the injury. If you do have visible injuries, continue to document the healing process with photos.
Save medical records and related expenses
Your medical records help establish the connection between the defective product and your injuries. Keep copies of your hospital records, physician reports, prescriptions and treatment recommendations.You should also retain documentation of your financial losses, including your medical bills, lost wages and other injury-related expenses.Product liability cases often involve extensive investigation. Preserving evidence from the beginning can help protect your claim and provide a clearer picture of what happened. If you have been injured by a defective product, speaking with an attorney as soon as possible can help ensure that critical evidence is identified and preserved before it is lost – and that your case begins moving forward as quickly as possible.]]>