If you or a loved one has been injured in a catastrophic accident in Oklahoma, you probably have a lot of questions. At Mark Wilson Law, we believe you deserve straight answers — not legal runaround. Below are a few of the questions we hear most often from clients across Ardmore, Durant, Edmond, Oklahoma City, Pauls Valley, Tulsa, and throughout our state. If you don’t see your question here, please call us 24 hours a day 7 days a week at 844-OKC-HURT for a free consultation.

Q: What is a “Catastrophic injury?”

A catastrophic injury is an injury that is severe enough to cause permanent, life-altering damage to a person — typically to a person’s brain, spinal cord, or other vital systems — a catastrophic injury is an injury that significantly impairs a person’s ability to function or live independently. In a hospital or emergency room, when a person has a “catastrophic injury” it can also indicate to the trauma team that a person’s injuries require immediate, aggressive intervention to prevent death.

In personal injury law, catastrophic injuries are a distinct category because they justify substantially higher compensation to the victims due to permanency of the injuries, the ongoing medical costs, loss of earning capacity, and pain and suffering. Catastrophic injury cases range from under one million dollars to hundreds of millions of dollars, depending on the severity of a person’s injuries. There are many factors that go into calculating the value of your case, with the first of many being talking with the right law firm for your case. See more on this in the section titled: Q: How do I choose a law firm for catastrophic injuries?”

Q: What are common types of “Catastrophic injuries?”

  • Traumatic brain injuries (TBI) — severe head trauma causing lasting cognitive, physical, or behavioral impairment
  • Spinal cord injuries — partial or complete paralysis (paraplegia, quadriplegia)
  • Amputations — loss of one or more fingers, toes, hands, arms, legs, or other limbs
  • Loss of sight or hearing — permanent sensory deprivation
  • Organ damage — severe, irreversible damage to the heart, lungs, kidneys, etc.
  • Crush injuries — severe trauma to multiple body systems
  • Severe burns — covering large body surface areas, often requiring extensive reconstruction
  • Disfigurement — scarring from wounds, burns, staples, stitches, and surgeries caused by catastrophic injuries
  • Wrongful death — Wrongful death is a legal claim brought when a person dies due to the negligence, recklessness, or intentional misconduct of another person, company, or entity. Catastrophic injuries can and frequently do result in wrongful death. A wrongful death claim is usually filed by surviving family members or the deceased’s estate, on behalf of the person who died. Even though money damages can never ever replace the life of a person due to a wrongful death, the goal of a wrongful death lawsuit is to hold the responsible party financially accountable for the loss of life.

Q: What are common causes of “Catastrophic injuries?”

  • Semi Truck & Tractor-Trailer crashes — Semi Trucks and trailers can weigh up to 80,000 pounds, that is 5 or 6 times the weight of an average car. When you multiply that weight by the speed they are driving on the highway, many people are catastrophically injured or die when they are in a crash with one of these big rigs on our streets and highways
  • High Speed automobile crashes — High speed car and auto crashes typically involve a crash at or above 40 mph, in some clinical contexts the threshold is set even higher at 55-+70 mph.
  • School or Passenger Bus crashes — Bus crashes tend to be especially devastating for a few key reasons: First, busses are extremely heavy and can weigh 14-30,000 pounds, so when they crash, like semi tractor-trailers, the forces are enormous. Second, Many busses lack safety equipment such as seat belts and head restraints. Third, Driver fatigue is a known risk, especially for long haul charter or school bus routes. The center of gravity is high, which makes bus crashes one of the most deadly crash types.
  • Railroad crossing crashes — Railroad crossing crashes are particularly devastating. First, A freight train can weigh 6,000–20,000 tons, while a car weighs about 2 tons. Even at low speeds, the train has overwhelming kinetic energy. The train essentially doesn’t “feel” the collision — and it may travel a mile or more before being able to come to a complete stop. Second, busses, cars or other vehicles including semi trucks are typically struck broadside — the weakest structural direction for most vehicles. There’s no crumple zone designed for lateral impact, and the train’s height often means it rides over the vehicle rather than stopping on contact, dragging or crushing it. Finally, Many railroad crossings — especially rural ones — have minimal warning systems (just passive signs), poor sight lines due to vegetation or terrain, and no gates. Even with gates, some people drive around them. Beyond the initial strike, crashes can involve derailment, fire (especially with fuel or chemical tankers), and secondary collisions with debris — all compounding the severity.
  • Oil and Gasoline Tanker Truck crashes — In addition to the enormous weight tanker trucks carry, their high center of gravity makes them prone to rollovers, which are among the most dangerous types of truck accidents. Other vehicles and pedestrians nearby have little chance in a collision with something that size. Fuel tankers (gasoline, diesel, propane) can also ignite instantly from a spark during a crash, and the resulting fireball can engulf nearby vehicles, structures, and people with almost no warning. Another important consideration is that not all tankers carry fuel — many transport acids, chlorine, ammonia, or other industrial chemicals. These spills can release toxic clouds that force mass evacuations of surrounding neighborhoods. Emergency responders often can’t even approach the scene safely until the substance is identified.
  • Offshore Oil and Oilfield Fire and explosion injuries — Safety rules must always be followed, and when they are not the results can be life altering. Crush injuries from heavy drilling equipment, pipes, and machinery are some of the most common injuries associated with offshore and oilfield work. The sheer size and weight of the equipment when not properly handled can cause amputations from rotating equipment like drill bits and pumps. Being struck by dropped objects is extremely common on rigs. Blowouts can send debris flying at lethal speeds resulting in flash fires and explosions which can cause severe thermal burns and chemical burns from acids and caustic substances used in drilling.
  • Dump truck crashes— severe, irreversible damage to the heart, lungs, kidneys, etc.
  • Tire Defect crashes and injuries — Tire defect crashes can be deadly — especially a blowout — happens in a fraction of a second, giving the driver almost no time to react. Most ire defect cases the place at highway speeds, where even a skilled driver can struggle to maintain control. Tire blowouts are one of the leading causes of rollover crashes and are among the deadliest crash types — occupants can be ejected, crushed, or trapped.

Q: How do I know if I have a “Catastrophic Injury” case?

If someone else’s negligence — whether a truck driver, another motorist, a property owner, or a company — caused your or your loved one’s injury, you likely have a claim. The key elements are: (1) someone had a duty to act safely, an example would be – all drivers on the roadway have a duty to all the other drivers to drive in a safe manner (2) they breached that duty, an example would be someone was driving in an unsafe manner- speeding in traffic, going too fast for conditions, driving off the road, raging in traffic, and many others depending on the situation (3) that breach caused your injury, – in other words, what they did whether it was their speed or failure to look because of texting or being on their phone that caused them to run into you, and (4) as a result of their behavior, you or your loved one suffered real damages and were catastrophically hurt and injured. The best way to know for certain is to speak with an experienced injury attorney. Mark Wilson Law always offers free injury consultations — there is no cost to find out where you stand.

Q: Can “Catastrophic Injuries” cause Wrongful Death?

A catastrophic injury becomes a wrongful death case when: First, the victim dies from their injuries — either immediately or even after a period of treatment for catastrophic injuries. Second, their death was caused by someone else’s negligence or wrongdoing. Third, there are surviving family members who suffered from the loss of their loved ones because of the negligent actions of the wrongdoer.

Q: What are some common reasons for Wrongful Death?

  • A victim suffers a severe traumatic brain injury in a semi tractor-trailer crash and dies days later
  • A worker sustains fatal burns in an oil field explosion caused by a safety violation
  • A tire defect causes a rollover, and the occupant dies from brain or spinal injuries
  • A tanker truck crash kills nearby motorists due to a negligent driver or faulty equipment

Q: Who can file a Wrongful Death claim?

This varies by state, but typically includes:

  • Spouse or domestic partner
  • Children (biological and adopted)
  • Parents of unmarried deceased children
  • Siblings in some states
  • Financial dependents of the deceased
  • The estate of the deceased person

Q: What Must Be Proven in a Wrongful Death Case?

Four key elements must typically be established:

  1. Duty of Care — the defendant had a legal responsibility to act safely toward the deceased (e.g., a driver must follow traffic laws, a manufacturer must make safe products)
  2. Breach of Duty — the defendant failed to meet that responsibility through negligence or misconduct
  3. Causation — that breach directly caused the death
  4. Damages — the surviving family suffered measurable losses as a result

Q: What types of compensation can be recovered from “Catastrophic Injury” or “Wrongful Death” cases?

First, your attorney will ask for “Economic Damages.” These are damages for the following categories:

  • Lost income and future earnings the catastrophically injured or deceased personwould have provided to their family of loved ones
  • Medical bills incurred in the past, present and future, or before death in the case of wrongful death
  • Funeral and burial expenses
  • Loss of benefits (pension, health insurance, etc.)

Second, your attorney will ask for “Non-Economic Damages.” These are damages for the following categories:

  • Loss of companionship, love, and emotional support
  • Pain and suffering of surviving family members
  • Loss of parental guidance for children
  • Mental anguish and grief

Third, and when appropriate, your attorney will ask for “Punitive Damages.” These are damages for the following categories:

  • Awarded in cases of extreme recklessness or intentional misconduct
  • Meant to punish the defendant person or corporation to deter similar behavior
  • Common in cases involving corporate negligence (trucking companies, defective tires, unsafe products, etc.)

Q: What are some common causes of “Wrongful Death” from “Catastrophic Injuries”?

  • Vehicle accidents — car, semi tractor-trailer, big truck, big rig, tanker, and motorcycle crashes
  • Tire defects — manufacturer liability for blowouts causing fatal crashes
  • Oil field accidents — explosions, falls, equipment failures, fires, safety rules that are not in place or not followed
  • Workplace accidents — construction falls, industrial explosions, and unsafe conditions at a work site
  • Defective products — faulty equipment, unsafe machinery or safety rules that are not followed
  • Premises liability — deaths caused by unsafe property conditions like a pool that is not properly fenced or gated, uneven steps or walkways that are not properly marked, and other unsafe conditions.

Q: How do I know ow if I have a “Catastrophic Injury” or “Wrongful Death” case?

If someone else’s negligence — whether a truck driver, another motorist, a property owner, or a company — caused your or your loved one’s catastrophic injury or wrongful death, you likely have a claim. The key elements are: (1) someone had a duty to act safely, (2) they breached that duty, (3) that breach caused your or your loved one’s injury or death, and (4) you or your loved one suffered were seriously injured or died as a result.

The best way to know for certain is to speak with an experienced injury attorney. Mark Wilson Law always offers free injury consultations — there is never a cost to find out where you stand.

Q: How long do I have to file a personal injury case in Oklahoma?

In most personal injury cases, Oklahoma law gives you two years from the date of your injury to file a lawsuit. This is called the statute of limitations. If you miss this deadline, you may permanently lose your right to compensation. In some cases — such as injuries involving government entities — the deadline can be much shorter. Do not wait. Contact Mark Wilson Law as soon as possible to protect your rights.

Q: How much is my case worth?

Every case is different. The value of your case depends on factors like the severity of your injuries, your medical expenses, lost wages, pain and suffering, and whether the other party’s conduct was especially reckless. Truck accident cases often involve higher damages because the injuries are more severe and multiple parties — the driver, trucking company, and insurer — may be liable. We evaluate every case thoroughly and fight to maximize your recovery.

Q: Will my case go to trial?

Most personal injury cases settle before trial. However, each case we agree to work on is always prepared from the initial intake to go to trial. Unless insurance companies know that you are willing to go to trial, they always offer low settlements when they believe your attorney will not take a case to court.

At Mark Wilson Law, we are always ready – hence or slogan “Semper Paratus” which means “Always Ready in latin! When the big insurance companies know that we will always be ready to go to trial — they take notice and will demand we attend a mediation before trial. That “Always Ready” attitude of constant preparation is part of why we have been able to obtain many strong settlements for our clients.

Q: What makes truck accident cases different from regular car accident cases?

Truck accident cases are far more complex. Just like the airline industry, where safety is of the utmost importance, the Trucking industry is highly regulated by our federal and state governments in order to keep us ll safe on America’s highways. The Federal Motor Carrier Safety Regulations (FMCSR) govern commercial trucking, and violations of those rules can be critical to your case. Multiple parties may be liable — the driver, the trucking company, the cargo loader, or even the truck manufacturer. Evidence like black box data, driver logs, and maintenance records must be preserved immediately. Mark Wilson Law has specific expertise in FMCSR regulations and truck accident investigation that most general personal injury firms do not have.

Q: What should I do immediately after a truck accident?

First, get medical attention even if you feel okay — symptoms can appear hours or days later. Call 911 and get a police report. Document the scene with photos if you safely can. Do not give a recorded statement to the trucking company’s insurance adjuster. Then contact an experienced truck accident attorney as soon as possible. Critical evidence — including black box data — can be lost or destroyed quickly after a crash. If you can call us while at the scene of the crash, we may immediately dispatch accident team members to the scene of the collision to gather crucial evidence before it is taken away or removed by the truck driver or their insurance company representatives. The sooner we get involved, the stronger your case.

Q: Can I still recover compensation if I was partly at fault?

Yes, in many cases. Oklahoma follows a “modified comparative negligence” rule. As long as you are less than 51% at fault, you can still recover damages — though your compensation will be reduced by your percentage of fault. Trucking companies and their insurers will typically try to shift blame onto you or someone else. Sometimes they even claim a “ghost” vehicle or an animal was crossing the road. Remember this: Professional truck drivers have a duty to always make the “safest choice” when confronted with an emergency situation. They are supposed to be properly trained for it, but are not always properly qualified, trained or supervised. Having an experienced attorney in your corner is critical to ensuring fault is assigned fairly.

Q: How much does it cost to hire Mark Wilson Law?

Nothing upfront. We work on a contingency fee basis, which means you pay no attorney fees unless we win your case. Our consultation is always free. You have nothing to lose by calling us.

Q: How long will my case take?

It depends on the complexity of your case and how the insurance company responds. Simple cases may resolve in months. Complex truck accident cases can take one to many years, especially if they go to trial. We will keep you informed every step of the way and work as efficiently as possible while making sure we maximize your recovery.

Q: Will I have to do much on my end?

We handle the details so you can focus on healing. You will need to keep us updated on your medical treatment and be available for a deposition if the case moves in that direction. Beyond that, our job is to carry the burden of the legal process for you and your family while you and your loved ones both physically and mentally heal.