Category Archives: Wrongful Death

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 →

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 →