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Tag Archive for: #OklahomaSewerLawyers

Settling A Case? What Does It Mean? Know The Laws

April 23, 2024/in Know The Laws/by Kneely Buxton

Settling A Sewer Backup Case? What Does It Mean?

If your home has been damaged by a sewer backup caused by a city or municipality, you may be entitled to compensation. One of the most common ways these cases are resolved is through a sewer backup settlement.

A settlement is a legal agreement that allows both sides to resolve a sewer backup claim without going to trial. Instead of asking a judge or jury to decide the outcome, the parties agree on fair compensation for the damages you’ve suffered.

In a sewer backup case, a settlement may include compensation for:

  • Sewage cleanup and sanitation
  • Repairs to your home
  • Replacement of damaged furniture and personal belongings
  • Temporary housing or hotel expenses
  • Lost wages and other financial losses related to the sewer backup

At Oklahoma Sewer Lawyers, we begin by thoroughly investigating your claim and gathering the evidence needed to prove the city or other responsible party was negligent. When necessary, we file a sewer backup lawsuit and negotiate aggressively for the compensation you deserve.

Many cases settle before trial, but not every offer is fair. If the city or its insurance company refuses to fully compensate you, we are prepared to take your case before a judge or jury and fight for the recovery you deserve.

If your home has been flooded by raw sewage because of failing city sewer lines or municipal negligence, you don’t have to face the process alone. Oklahoma Sewer Lawyers has helped families across Oklahoma pursue compensation after devastating sewer backups, and we’re ready to help you understand your legal options.

Has your home been flooded by sewage? Are you seeking answers and justice? Contact the Oklahoma Sewer Lawyers today! 

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

If you have any questions leave them here.

 

https://sewerlawyers.com/wp-content/uploads/2024/04/265942136_1500923250291212_5401206537950737396_n-e1663788876790-1-e1713905747523.png 461 630 Kneely Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Kneely Buxton2024-04-23 20:48:172025-03-13 14:27:16Settling A Case? What Does It Mean? Know The Laws

How Much Is Your Case Worth?

April 23, 2024/in Know The Laws/by Kneely Buxton

How Much Is a Sewer Backup Case Really Worth?

One of the first questions homeowners ask after experiencing a sewer backup is, “How much is my case really worth?” “Is it even worth going to trial?” Unfortunately, there is no one-size-fits-all answer.

Every sewer backup claim is unique, and the value of a case depends on the specific facts and circumstances surrounding the incident. The extent of the property damage, the cause of the sewer backup, and the losses suffered by the homeowner all play a role in determining the potential value of a claim.

Factors That May Affect the Value of a Sewer Backup Case:

Several factors may influence the value of a sewer backup claim, including:

  • The extent of damage to your home
  • Damage to furniture and personal belongings
  • Cleanup, restoration, and repair costs
  • Temporary housing or hotel expenses
  • Whether the sewer backup was caused by a municipal sewer system
  • The strength of the evidence supporting your claim
  • The legal claims available under Oklahoma law

No two sewer backup cases are exactly alike, which is why every claim should be evaluated on its own merits.

Every Case Deserves a Thorough Evaluation:

Determining the value of a sewer backup claim requires more than simply adding up repair estimates. It often involves investigating what caused the sewer backup, reviewing documentation, evaluating the damages sustained, and determining what compensation may be available under Oklahoma law.

At Oklahoma Sewer Lawyers, attorney Jim Buxton has represented homeowners in municipal sewer backup cases throughout Oklahoma for more than a decade. Our team carefully investigates every case, gathers the necessary evidence, and works to ensure that every category of recoverable damages is properly evaluated.

What If the City Refuses to Pay?

Not every sewer backup claim is resolved through settlement. In some cases, a municipality or its insurance company may dispute liability or disagree about the value of a claim.

When that happens, our attorneys are prepared to pursue the next steps available under Oklahoma law. While many cases are resolved through negotiation, others require litigation so that the facts can be presented and the value of the claim determined through the legal process.

Speak With Oklahoma Sewer Lawyers

If your home has been damaged by a municipal sewer backup, understanding the potential value of your claim begins with understanding your legal rights. Every case is different, and an experienced attorney can help evaluate the circumstances of your loss and explain what compensation may be available.

Contact Oklahoma Sewer Lawyers today to schedule a consultation and learn more about your legal options, and how much your case could be worth! 

Office: (405) 604-5577

Email: oksewerlawyers@gmail.com

https://sewerlawyers.com/wp-content/uploads/2024/11/Jim.jpg 942 678 Kneely Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Kneely Buxton2024-04-23 20:38:462025-03-13 14:28:49How Much Is Your Case Worth?

Firm News: Oklahoma Association of Justice Welcomes Jim Buxton as Newly Elected President

November 29, 2023/in Firm News/by Hannah Lee

Jim Buxton was elected to serve as President of the Oklahoma Association of Justice (OAJ) on November 2, 2023.

OAJ is comprised of trial lawyers and was the first of its kind. The OAJ was created in 1943 and is celebrating its 80th year as an organization. The OAJ was created for the purpose of advancing the cause of those who are damaged in person and property, who must seek redress therefor at law and believes all powers in the Constitution come from the people, and that the Constitution demands a remedy in the courts for every wrong, and it is the duty of all trial lawyers to pursue and accomplish this simple truth.

“I am honored to be elected by my colleagues to represent an organization dedicated to fighting for and preserving the rights of everyday Oklahomans” – Trial Lawyer Jim Buxton 
Mr. Buxton is an active trial lawyer licensed to practice in all Oklahoma state and federal courts. For the last decade, he has worked with lawyers from across the country to obtain justice for people who have been injured, accused, or wronged. He frequently teaches trial skills at legal seminars and is on the teaching faculty at the Gerry Spence Method in Dubois, Wyoming, Mr. Buxton is a proud member of the American Board of Trial Advocates, Million Dollar Advocates Forum and MultiMillion Dollar Advocates Forum; is rated AV by Martindale-Hubbell and has been selected to Super Lawyers in 2016, 2017, 2020, 2021, 2022 and 2023.
When Mr. Buxton is not in the courtroom you can find him hunting, fishing, and spending time with his family, friends, dogs.
https://sewerlawyers.com/wp-content/uploads/2023/11/Jim-Buxton-President-OAJ--e1701223438237.jpg 1005 1075 Hannah Lee https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Hannah Lee2023-11-29 01:51:412026-07-15 19:19:45Firm News: Oklahoma Association of Justice Welcomes Jim Buxton as Newly Elected President

Firm News: Jim Buxton Awarded Rank of Associate by The American Board of Trial Advocates

June 8, 2022/in Firm News/by Jim Buxton

The American Board of Trial Advocates

Adding to his long list of achievements and accomplishments, The American Board of Trial Advocates, a national association of experienced trial lawyers and judges, recently named Jim Buxton the rank of Associate.

The American Board of Trial Advocates is an invitation-only organization. Members must have at least five years of active experience as trial lawyers, have tried at least 10 civil jury trials to conclusion and possess additional litigation experience. Members must also exhibit the virtues of civility, integrity and professionalism by following our Code of Professionalism and Principles of Civility.

After being duly examined and verifying a number of credentials, The American Board of Trial Advocates found that Mr. Buxton possesses the requisite skill, integrity, and experience in the special art of advocacy to qualify for this rank.

https://sewerlawyers.com/wp-content/uploads/2022/09/0bdc4e_f28611330b6b4e2ba3b0f30d97e7f14a_mv2.webp 219 328 Jim Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Jim Buxton2022-06-08 16:03:362026-07-15 19:22:37Firm News: Jim Buxton Awarded Rank of Associate by The American Board of Trial Advocates

There is still hope if the City denies your claim! Protect Yourself

April 23, 2022/in Protect Yourself/by Jim Buxton

Has the City denied your claim?

Don’t worry quite yet…

Sewage back-ups are not an uncommon experience in Oklahoma. And the City knows this. They also know there’s a select few of us – for example, Oklahoma Sewer Lawyers,  that reject the unacceptable excuses the government gives for refusing to compensate our clients.

When such a problem strikes, knowing what to do next can be overwhelming. In addition to having a disgusting mess on your hands and potentially dealing with the loss of material possessions, your property could experience substantial — and costly — damage.

The City does not have the final say. The jury does. The reason it is important to get in contact with us is because the City denying your claim during the 90-day pre-litigation claims process doesn’t mean they will ultimately escape liability. But they won’t come right out and pay you.

You need a trial lawyer who can and will take the city to battle and effectively try a 3-day to 2-week long jury trial. We won’t roll over for any lowball settlement. Generally, City employees are trained to deny responsibility and not do anything to assist the homeowner with clean-up; we see it happen all the time.

For example, in 2020 when our clients were told by the city of Durant that the City was not liable for a sewer backup that resulted in the destruction of our clients home, they turned to us. After continued pushback and denial of fault from the City, we continued to fight back. This case went to jury trial where we obtained a $400,000.00 verdict for our clients in Durant, Oklahoma.

No case is too large or complex for our team. Our team of attorneys, paralegals, and legal assistants take your case very seriously. From start to finish, you are our #1 priority. Contact The Oklahoma Sewer Lawyers if you need reliable legal representation .

You can read more about “Denied Claims” here:

https://sewerlawyers.com/there-is-still-hope-if-the-city-denies-your-claim-2/

https://sewerlawyers.com/i-filed-a-tort-claim-but-got-denied/

Has your home been flooded by sewage? Are you seeking answers and justice? Contact Oklahoma Sewer Lawyers today! 

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png 0 0 Jim Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Jim Buxton2022-04-23 15:56:022025-03-13 14:11:19There is still hope if the City denies your claim! Protect Yourself

NO FEES Up Front At Oklahoma Sewer Lawyers

March 30, 2022/in Protect Yourself/by Jim Buxton

No Win No Fee Guaranteed

You Shouldn’t Have to Worry About Paying a Lawyer After a Sewer Backup

When your home has been flooded with raw sewage, you’re already dealing with enough. You’re worried about your family’s health, the damage to your home, the cost of cleanup, and how you’re going to move forward. The last thing you should have to worry about is coming up with money to hire a lawyer.

At Oklahoma Sewer Lawyers, we believe everyone deserves experienced legal representation—regardless of their financial situation.

That’s why we handle every case on a contingency fee basis.

What Does a Contingency Fee Mean?

Simply put, you pay nothing upfront.

We cover the costs of investigating your case, gathering evidence, hiring experts when necessary, filing your claim, and pursuing your case from start to finish. Our attorneys invest their time and resources so you can focus on what matters most: getting your life back together.

We only get paid if we successfully recover compensation for you.

Why Contingency Fees Matter

A contingency fee arrangement offers several important benefits:

  • No upfront attorney’s fees. You don’t have to pay out of pocket to hire experienced trial lawyers.
  • We advance the costs of your case. Litigation expenses, expert witnesses, investigations, and other case-related costs are handled by our firm while your case is pending.
  • Everyone has access to justice. You shouldn’t have to be wealthy to hold a city accountable for negligence. Contingency fees allow hardworking Oklahoma families to receive the same high-quality legal representation as anyone else.
  • No recovery, no attorney’s fee. If we don’t recover compensation for you, you don’t owe us an attorney’s fee.

We’re Invested in Your Success

When we take your case, we’re investing our own time, effort, and resources because we believe in it. Our success is directly tied to yours, which means we are motivated to fight for the maximum compensation the law allows.

We know how overwhelming a sewage backup can be. We’ve seen families forced from their homes, personal belongings destroyed, and lives turned upside down. Our team is committed to guiding you through every step of the legal process while aggressively pursuing justice on your behalf.

If you believe your sewer backup was caused by a city’s negligence, don’t let concerns about legal fees keep you from learning your rights.

Contact Oklahoma Sewer Lawyers today for a free consultation. We’ll evaluate your case, answer your questions, and explain your options—all at no cost to you.

 

https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png 0 0 Jim Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Jim Buxton2022-03-30 15:41:572025-03-13 14:11:19NO FEES Up Front At Oklahoma Sewer Lawyers

What should I do next? Know The Laws

March 9, 2022/in Know The Laws/by Jim Buxton

With the Oklahoma Sewer Lawyers, you are not alone.

The “ Governmental Tort Claims Act” was created by the Oklahoma government in order to “(1) to promote prompt investigations, (2) to provide early opportunity for correction of dangerous conditions, (3) to promote speedy and amicable settlements of claims and (4) to permit the governmental entity to prepare for fiscal consequences.” Sounds good, right?

As we all know, dealing with any government comes with obstacles. How do you know when a sewer backup into your house is not your fault? When you’re standing up to your ankles in sewage. There is no way you can get that much sewage from your toilets and drains into a line and it comes back into your house. If you have a good amount of sewage and it is flowing out of the toilets, sinks, or cleanouts, that is a problem with the City’s line. A lot of time, the City will blame it on you and say it is your fault.

The Oklahoma Sewer Lawyers have been navigating through these hurdles on behalf of our clients for over a decade. This article explains some of the ways a municipality can prevent their sewer system from backing up and flooding homes and businesses before a problem arises. This should not serve as legal advice, but as a general guide for sewer backup victims. For more in-depth information or for a case review, contact our office or send an email to info@sewerlawyers.com.

“What should I do next?”

For many, it is hard to fathom getting to a point in any relationship where a person must resort to suing another person or entity to resolve a conflict. However, protecting yourself, your family and your property is about as American as it gets. And for all the misplaced stigma associated with suing another person or entity, there is only justice when those harmed by another stand up to hold them accountable. But when your own government causes the issues and refuses to accept responsibility, it is downright offensive. Fortunately for Oklahomans, there is a path for recourse. That is, if you play by their rules in the law they wrote, the GTCA. If you haven’t already, check out our article entitled “The sewer is backing up into my house…” to catch up on what steps are taken before you even find yourself in a lawsuit.

Litigation 101

A “Petition” starts the litigation process after the Notice of Tort Claim has been denied. It is filed in the county in which your house is situated and served upon the municipality that was supposed to maintain and operate the sewer system properly. Then, the municipality or their insurance company will hire a lawyer that will be defending the suit, and he or she will deal with your attorneys on the case. There are three basic defenses that the municipality’s lawyer will employ.

As insulting as it is, their first defense is “WE DIDN’T DO IT!” This, we know in many cases, is just not true. This is because Oklahoma holds municipal sewer operators to what is known under the law as a “standard of care”.

The Oklahoma Supreme Court has outlined the following as the standard of care for municipal sewer operators:

“When a municipal corporation assumes the control and management of a sewer system which has been constructed by it and under its supervision, it is bound to use reasonable diligence and care to see that such sewer is not clogged with refuse and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of such sewer.” 3 “The general rule is that where a municipal corporation assumes the control and management of its sewer system, which has been constructed by it and under its supervision, it is bound to use reasonable diligence and care to see that such sewer is not clogged with refuse and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of its sewer.” 4

Once the facts have been established or at least shown to the municipality’s lawyer that there is no liability defense (aka “THEY DID IT!”), there will be another defense. This is the “WELL, WE DIDN’T HURT YOU THAT BAD” defense. As discussed in a previous article 5 , claims against municipalities have damage caps. The property damage is fairly easy to establish with remediation estimates, repair estimates, furniture replacement costs, etc. This is all subject to the GTCA limit of $25,000.00, so even if your home is going to cost more to fix, the municipality’s lawyer cannot legally offer more. So how are you made whole?

Oklahoma City v. Romano, 1967 OK 191, ¶ 9, citing City of Holdenville v. Griggs, 1966 OK 34.

City of Holdenville v. Moore, 1956 OK 34, ¶ 8

From here, it’s all about the nuisance damages. Those are capped on a per person basis at $125,000.00 (or $175,000.00 for governments with a population of over 300,000). But how do you place a monetary value on annoyance, inconvenience and discomfort? Is being out of your house for months or wading through raw sewage in the middle of the night worth anything? What about the fear that it could happen again, or that future buyers will turn and run when you have to disclose the fact that the home has flooded with your neighborhood’s raw sewage? The answer from Oklahoma juries: a resounding YES!

It takes a long time from the date the Petition is filed to get in front of a jury. In the interim, there are many legal hurdles. First, the municipality’s lawyer is going to ask the judge to throw your case out with a motion to dismiss. When that fails, a scheduling order is put in place to let everyone know what the deadlines are. This is usually between six and nine months but can be longer. After that, they’ll write up a bunch of questions to ask you, call your neighbors, and subpoena records from anyone that had anything to do with the cleanup and repair of your home. This is called discovery. Then, they’ll ask your lawyer to present you for a deposition, which is where you answer live questioning under oath with a court reporter typing out the entire thing. They’ll use all that to, again, ask the judge to throw your case out with a motion for summary judgment.

Finally, after multiple failed attempts to make you or your claims look bad, the municipality’s lawyer may ask your attorney what you want to settle the case. Here is the last defense in response to your demand: “THAT IS WAY MORE THAN WE WOULD EVER PAY!” But is it? And more importantly, are they willing to risk that in a jury trial by your peers?

At Buxton Law Group, we don’t settle for any less than what our clients deserve. Multiple factors must be considered in evaluating a case, like how much property damage there is and what the damage cap is on a particular case. And settlement, while practical and reasonable in many circumstances, is not always feasible. Defense lawyers and municipalities know that litigation takes time to get to trial, and some prefer it that way. It is the hope of some municipalities that a sewer backup victim will get fed up with the long process and settle for a low-ball offer. We know their games, and if you find yourself here, we won’t stop fighting.

Litigation is never something that someone expects to find themselves in, especially against your own government. If you do find yourself in litigation, you need strong legal representation that is prepared to take your case to trial if necessary. Buxton Law Group will walk you through the entire process and fight to obtain the compensation you deserve after your house is destroyed by the negligence or the failing infrastructure of a municipality.

For more information, check out some of our other articles on sewer backup litigation or give us a call. We’re here to help.

https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png 0 0 Jim Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Jim Buxton2022-03-09 15:43:252025-03-13 14:11:19What should I do next? Know The Laws

Protect Yourself: Denied Tort Claim?

October 27, 2021/in Protect Yourself/by Jim Buxton

Denied Tort Claim? Don’t Worry

“The sewer is backing up into my house, grab the towels and a bucket!”

Expletives fly, panic sinks in, and moving into a hotel seems like the only way to escape the nightmare. If this has happened to you, you are not alone. Fortunately, there is a path to reclaiming your home and your peace of mind. It is called the Oklahoma Governmental Tort Claims Act. 1 The “GTCA” was created by, you guessed it, the Oklahoma government in order to “(1) to promote prompt investigations, (2) to provide early opportunity for correction of dangerous conditions, (3) to promote speedy and amicable settlements of claims and (4) to permit the governmental entity to prepare for fiscal consequences.” 2 Sounds good, right?

As we all know, dealing with any government comes with obstacles. The GTCA is no different, but Oklahoma Sewer Lawyers has been navigating through these hurdles on behalf of our clients for over a decade. This article explains some of the ways a municipality can prevent their sewer system from backing up and flooding homes and businesses before a problem arises. This should not serve as legal advice, but as a general guide for sewer backup victims. For more in-depth information or for a case review, contact our office or send an email to logan@buxtonlawgroup.com.

“I filed a tort claim but got denied…”

A common theme amongst municipalities and their insurance companies upon receipt of a Notice of Tort Claim is to deny it almost immediately. It probably says something like: “Oklahoma law has consistently held that a municipality is not an insurer of its sanitary sewer system.” This is their basis for denial, you ask? While it is not a valid reason to deny the claim, the statement is correct. The law, however, states that “[w]hen a municipal corporation assumes the control and management of a sewer system which has been constructed by it and under its supervision, it is bound to use reasonable diligence and care to see that such sewer is not clogged with refuse and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of such sewer.” They left that part out of their denial.

1 51 O.S. §§ 151 et al.
2 Calvert v. Tulsa Pub. Schools, Indep. Sch. Dist. No. 1 of Tulsa County, 1996 OK 106, ¶ 19.

There is good news, though. A denial means that the City has waived their 90-day immunity period and can now be sued. That leads to the next question: has every claim you are entitled to make after a sewer backup been included in the Notice of Tort Claim? Have you made claims for both property damage (negligent injury to property) and personal injury (nuisance)? The Notice of Tort Claim dictates what claims you can sue the City for, so they must all be included in order for you to obtain adequate compensation in a lawsuit. For more information on why these are so important to include, check out our previous article entitled “The sewer is backing up into my house…” Basically, you are leaving a lot of money on the table if you don’t include every claim in the Notice of Tort Claim.

What if the City never responded? Well, the Oklahoma legislature built in a rule for when that occurs. Your tort claim is deemed denied if the City has not admitted fault and paid your claim or explicitly denied it within 90 days. Many municipalities, hoping that you’ll be patient and allow all of the GTCA timelines to run, will simply allow 90 days to go by without so much as a response. They won’t tell you that your tort claim is inadequate, or that you are entitled to seek legal representation. They might tell you “it’s out of our hands now, we sent that to the insurance company when you gave it to us.” And then, as many have found out, the statutory deadlines pass and you cannot pursue legal action at all.

If you are lucky enough to be told, or vigilant enough to do your own legal research, you will find out that a lawsuit must be initiated within 180 days of the denial of your Notice of Tort Claim, whether it be expressly or by the passing of 90 days without a response. Six months may sound like a long time, but investigating the cause of the backup and obtaining all of the documentation to survive a motion to dismiss after filing is not a small task. Plus, if your tort claim needs to be revised to include all of the claims, you or your attorney will have to carefully calculate dates and file documents in a strategic manner to comply with the GTCA.

So, what should you do if your tort claim gets denied? Simple: call Buxton Law Group. Better yet, call us before you file a tort claim. We have represented sewer backup victims for more than a decade. Our knowledge of the GTCA, our trial experience and expertise, and our comprehensive understanding of sanitary sewer systems allows us to provide our clients with aggressive representation that is second to none. We will evaluate your case for free and inform you of every option you have, advise you on the proper way to proceed, and get you back on the road to recovery.

Oklahoma City v. Romano, 1967 OK 191, ¶ 9, citing City of Holdenville v. Griggs, 1966 OK 34.

If you find yourself in need of legal representation for a sewer backup matter, we are happy to discuss and review your case without charge.

For more information, check out some of our other articles on sewer backup litigation or give us a call. We’re here to help.

https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png 0 0 Jim Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Jim Buxton2021-10-27 15:27:592025-03-13 14:11:20Protect Yourself: Denied Tort Claim?

Protect Yourself: Do You need a lawyer?

December 2, 2020/in Protect Yourself/by Jim Buxton

My Home Flooded with Sewage. What Should I Do?

“The sewer is backing up into my house!”

Panic sets in almost immediately. The smell is overwhelming, your belongings are being damaged, and you’re wondering what to do next.

If this has happened to you, you’re not alone.

Many Oklahoma homeowners experience sewer backups caused by aging infrastructure, blocked sewer lines, or municipal negligence. While many people assume there’s nothing they can do, Oklahoma law may provide a path to compensation through the **Oklahoma Governmental Tort Claims Act (“GTCA”).**¹

The GTCA was created to **”(1) promote prompt investigations, (2) provide an early opportunity for correction of dangerous conditions, (3) promote speedy and amicable settlements of claims, and (4) permit the governmental entity to prepare for fiscal consequences.”**²

Although the process can be complicated, Oklahoma Sewer Lawyers has spent more than a decade helping homeowners navigate claims against cities and other governmental entities.

This article is intended to provide general information and should not be considered legal advice.

Do I Need a Lawyer?

The sooner you speak with an attorney, the better.

After a sewer backup, important evidence can quickly disappear as cleanup begins and repairs are made. Early legal guidance helps preserve evidence, document your damages, communicate with the city, and protect your legal rights.

If your home experiences a sewer backup, report the emergency to the city immediately. Then contact an experienced attorney as soon as possible.

What If I Didn’t Call a Lawyer Right Away?

You may still have a claim.

Under the GTCA, a Notice of Tort Claim generally must be presented within one (1) year of the date of the sewer backup.³ While you shouldn’t wait, many homeowners don’t realize they have legal rights until weeks or months later.

Our attorneys can determine whether you’re still within the required deadlines and help protect your claim.

What If I’ve Already Filed a Tort Claim?

We regularly help homeowners who have already started the process.

After a Notice of Tort Claim is filed, the governmental entity generally has 90 days to approve or deny the claim. During that time, a lawsuit generally cannot be filed.

If the claim is denied—or if the city does not respond within 90 days—it is generally considered denied. After that, you generally have 180 days to file a lawsuit.⁴

Because these deadlines are strictly enforced, it’s important to speak with an attorney before they expire.

Why Oklahoma Sewer Lawyers?

Claims against cities are different from ordinary insurance claims. They involve unique legal procedures, strict deadlines, and often complex issues related to municipal sewer systems.

For more than a decade, Oklahoma Sewer Lawyers has represented homeowners across Oklahoma whose homes have been damaged by municipal sewer backups. We’ve recovered millions of dollars for families whose lives were disrupted by failing sewer systems, and we’re committed to helping our clients pursue the compensation they deserve.

Contact Us Today

If your home has been damaged by a sewer backup, don’t wait to learn your rights.

We offer free case evaluations, and you pay no attorney’s fees unless we recover compensation for you.

Contact Oklahoma Sewer Lawyers today to discuss your case and learn how we can help.


Legal Authorities

¹ 51 O.S. §§ 151 et seq.

² Calvert v. Tulsa Public Schools, Indep. Sch. Dist. No. 1 of Tulsa County, 1996 OK 106, ¶ 19.

³ 51 O.S. § 156(B).

⁴ 51 O.S. § 157.

https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png 0 0 Jim Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Jim Buxton2020-12-02 15:31:412025-03-13 14:11:20Protect Yourself: Do You need a lawyer?

Jeff Smith’s Story | Smith VS City of Guymon

October 5, 2020/in Client Success Stories/by Jim Buxton

I was referred to Jim by a dear friend of mine, and it was the best decision I ever made to call him.

https://sewerlawyers.com/wp-content/uploads/2022/09/Screen-Shot-2022-09-19-at-1.17.54-PM.png 174 309 Jim Buxton https://sewerlawyers.wpengine.com/wp-content/uploads/2022/09/265942136_1500923250291212_5401206537950737396_n-e1663788876790.png Jim Buxton2020-10-05 19:08:422025-03-13 14:11:20Jeff Smith’s Story | Smith VS City of Guymon
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