Category Archives: injury law

Responsibility for Emotional Distress

Tracy A. Cinocca Posted on by

Emotional Distress. Sometimes it is an element of damages, but it can also be an independent claim in personal injury and wrongful death cases. What does this mean to you or your claim? Oklahoma has standard Uniform Jury Instructions that address the basics of emotional distress for a jury to understand their role in awarding damages for emotional distress or not. Though case law or other argument can trump the use of this language before juries, the Uniform Jury Instructions (referred to as “OUJI”) are designed to apply in many general contexts, subject to case specific revisions. For example, OUJI defines the term “emotional distress” as “mental distress, mental pain and suffering, or mental anguish.  It includes all highly unpleasant mental reactions, such as fright, horror, grief, humiliation, embarrassment, anger, chagrin, disappointment, and worry.” OUJI 20.3. Oklahoma Uniform Jury Instruction No. 20.1, sets forth the elements of liability which must be … Continue reading →

Most Frequently Requested Legal Issues Explained

Tracy A. Cinocca Posted on by

In almost two decades of questions from the public at large, I have determined the top five issues people have that compel them to contact an attorney, & created a video for each. 5. Injuries. The public at large is concerned as it should be about what to do if injured. The answer to this question varies greatly depending on the facts and circumstances of your injury. We created a general video to talk about the large umbrella called “tort” law. What might be a tort and what may not be a tort? Could you have a claim? We recommend before contacting an attorney, if you are unsure, think about safety. Did someone fail to keep premises safe? You may already know the area of tort such as an automobile accident or a slip and fall. But what about a child who jumps on an oil rig and his leg … Continue reading →

It’s About Safety – Personal Injury & Wrongful Death

Tracy A. Cinocca Posted on by

Personal Injury and Wrongful Death: “It has been shown that to injury anyone is never just anywhere”- Socrates This is a great quote, it is the reverse axiom of the Golden Rule. Personal injury law covers a lot of ground of many different situations of people who are injured. People generally think of legal actions involving automobile accidents and that’s because of the commercials they see. Other categories of claims usually involve safety and safety compliance. Administrative and regulatory agencies create and enforce rules for our safety. If a company or person violates those rules they may be liable for any damages sustained by you or your child. It is all about safety! If someone failed to maintain safe working order, violated safety rules, or created an unreasonably dangerous condition, especially to children, they may be liable for  damages. There are two main aspects for personal injury claims: Liability & … Continue reading →

Personal Safety: Active Shooters

Tracy A. Cinocca Posted on by

Advice from the OK City Police Department Tracy Cinocca recently attended a Continuing Legal Education (CLE) Course during a Tulsa County Bar Family Law Business Meeting at the OSU Tulsa Center. The speakers were from the Oklahoma City Police Department and gave a presentation titled: Active Shooter, Personal Safety and Domestic Abuse Issues. This blog highlights some of the information from this presentation we found to be particularly insightful. *The information in this blog is to be considered thought provoking; your business or school should have policies in place in the event of a critical incident which are to be followed.* An Active Shooter can be domestic related, work related, school related, emotionally disturbed, and/or a terrorist. Within domestic abuse the dynamic is often such that the victim is paralyzed with fear. The abuser threatens with “if you tell anyone I’ll….” and uses the in-house abuse to find power and control. While domestic abuse can … Continue reading →

The Psychology of Litigation: Diagnostic & Statistical Manual of Mental Disorders

Tracy A. Cinocca Posted on by

Going to court can bring out stress. People do not always behave their best and it is usually one of the worst periods in a person’s life. Whether your lawsuit is against a formerspouse, employer, business partner, or another, it is not unusual for the pressure to push someone into an uncharacteristic mental state. This is what our blog series on the “Psychology of Litigation” addresses. Major stress factors in life include emotionally charged situations or big life changes. This includes Litigation. (See Holmes and Rahe’s (1967) Social Readjustment Ratings Scale here). Litigants should be prepared for the mental stress of Litigation and ready to run the Litigation course long term, if necessary. How different people deal with situational distress caused by litigation can be affected by whether they have a mental condition – diagnosed or not. If mentally healthy people suffer such distress, then imagine the different types of reactions … Continue reading →

Legal Aid Services of Oklahoma: A Golden Rule Resource

Tracy A. Cinocca Posted on by

Legal Aid Services of Oklahoma Legal Aid Services of Oklahoma “LASO” is an organization whose mission is “making equal justice for all a reality.” Established in 2001, as a result of the merger of Legal Aid Services of Western and Eastern Oklahoma, LASO is a registered nonprofit that provides civil legal assistance to low income individuals across Oklahoma. If an individual qualifies, they are not charged for any of the services provided by LASO. Funding for the services provided by Legal Aid come from the Legal Services Corporation, the State of Oklahoma, the Oklahoma Bar Foundation, 15 United Way or United Fund organizations, as well as generous donations from attorneys, firms, business, and individuals throughout Oklahoma. Those donations can be in the form of funds or the legal time provided by the attorney at no cost to you if LASO approves you for services. In most cases, many attorneys work pro … Continue reading →

How to Choose a Lawyer Video

Tracy A. Cinocca Posted on by

The first video I made several years ago is called “How to Choose A Lawyer.” Here is what I said which still applies.  First, you want to make sure that your attorney is qualified. Second, you want to see if you like the attorney’s personality and if you think they’re a good match for you. Third, you want to look at their business practices and procedures. Fourth, you want to have a feeling you can trust your attorney to do the right thing for you when you aren’t there. ARE THEY QUALIFIED? Choosing a lawyer can be a difficult and maybe overwhelming experience. There are so many choices and so many options. Of course you want your attorney to be qualified. You need to have an attorney who is qualified in the area of law, that your issue is in. Try to know and try to understand what area of law it is … Continue reading →

Advance Directives in Health Law & DNR’s

Tracy A. Cinocca Posted on by

People spend much money and time planning for estate and health needs. It need not be expensive or mired in delay. Examples of estate planning for your health care needs, include easy-to-execute standard forms. These are as follows: Advance Directive, 63 O.S. § 3101.4; Advance Directive for Mental Health Care, 43A O.S. § 11-106; and Do Not Resuscitate Order (“DNR”). The Advance Directive for Mental Health Care is a statutorily mandated form physicians must keep in your file. It will inform medical personnel about who is able to make health care decisions when you cannot. It also describes situations which you may prefer to keep or withhold life sustaining procedures or hydration and nutrition. A person may even write into their form other personal preferences. What is extraordinarily important is the medical decision you make. To properly make the decision best for you, you should educate yourself about the medical ramifications of the … Continue reading →

Personal Injury Law

Tracy A. Cinocca Posted on by

Automobile, Trucking, Commercial Vehicle, Motorcycle, Pedestrian & Multi-Vehicle Accidents We handle serious accidents on the road. If you or someone you love has been seriously injured in accident, or even killed, please give us a call to discuss your matter. Remember, there are two aspects in claims: 1. Liability & 2. Damages. Be prepared to discuss these issues. If your accident for us to discuss involves a death of a loved one, ascertain whether that deceased individual left a Will or had a Trust, as well as the names of all possible heirs at-law for us to discuss. We can handle such a claims and address the best course, as to whether a probate action should be filed to establish an Estate. And, remember, if you think you are getting the run around from another party’s insurance company, you probably are. Insurance companies make money by not paying claims, delaying … Continue reading →