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Benjamin Oxford

Benjamin Oxford

  • Personal Injury, Insurance Claims, Consumer Law...
  • Oklahoma
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Practice Areas
  • Personal Injury
  • Insurance Claims
  • Consumer Law
  • Products Liability
  • Civil Rights
  • Appeals & Appellate
  • Arbitration & Mediation
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Oklahoma
Oklahoma Bar Association
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10th Circuit
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Education
University of Arkansas School of Law
J.D. (2008)
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Awards
President's Award
Tulsa County Bar Association
Professional Associations
Oklahoma Bar Association # 22259
Member
Current
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Websites & Blogs
Website
Legal Answers
14 Questions Answered

Q. Can I get my son back after he has been adopted out I don't have my right to him but I want him back
A: It's not impossible, but certainly very difficult. You should contact an adoption attorney as soon as possible to see what your options are. The longer you wait, the less likely you will have any success.
Q. Is there any way to keep adult children from receiving part of a wrongful death settlement
A: Probably not. There are two possible types of wrongful death cases. First, the estate of the deceased can bring the claim, in which case the settlement proceeds are divided up according to the terms of the will, and if there is no will the settlement proceeds are divided among the heirs. This will likely include adult children. Second, the spouse and the children can bring their claims individually for their own loss of companionship, in which case the settlement proceeds go directly to the individuals. However, settlements are usually just a single lump sum to be divided among the various parties as they may agree, and this is where you can get into trouble if you don't have a lawyer. You should definitely hire an attorney to handle this for you. Disputes among living heirs over the proceeds of a wrongful death settlement can get very complicated.
Q. Non-compete enforcement in Oklahoma
A: Oklahoma Courts look unfavorably at non-compete agreements, and certain types of these agreements are unenforceable. That being said, it's not absolute. Your son needs to contact an attorney immediately. If he has been sued, he may need to respond to the lawsuit or risk a default judgment being entered against him.
Q. If my employer gives me a drug test do I have a right to the reports, statements, and results regarding the drug test?
A: By law the employer has to make these records available for your inspection and copying, but only upon your request. The law is found at Title 40, Section 556, the Standards for Drug and Alcohol Testing Act. I recommend you make the request in writing. If you have questions, feel free to contact me. There are civil penalties for violating the Act.
Q. Do you think I have a case? Miscarriage due to refusal of medical treatment while in jail for 41 days in two counties.
A: Yes you may have a case. You need to show that the jail was aware of your medical needs, or it was otherwise obvious, and the jail was indifferent to this need. You must also show the lack of care was the cause of the miscarriage. You need to hire an attorney with experience in civil rights cases against a jail. I would be happy to talk to you about it.
Q. If there is central air in my apartment and it goes out does the landlord have to fix it
A: Probably yes, but it depends on your lease. The landlord has to keep the apartment in a habitable condition, and not having air conditioning probably renders the apartment uninhabitable in the summertime in Oklahoma. That does not necessarily mean you can break your lease, but the landlord is likely responsible to fix it.
Q. I'm from Oklahoma. What constitutes common law in this state?
A: No. Living together is not enough to create a common law marriage in Oklahoma. You have to treat each other, and hold out to the public, that you are married. Taking the same name, having children, sharing bank accounts, owning property, and telling the general public that you're married are all things the court would consider. Simply sharing the same house isn't likely to be enough. You should consult with an attorney to get a more detailed opinion.
Q. Can a builder ask for compensation without a written contract for suggesting an architect and meeting with you ..
A: Possibly. It depends on what your discussions were. Verbal contracts can be binding. It doesn't help that he was copied on emails and attended some meetings. That may entitle him to some amount of compensation, though probably not much. I would need more information before telling you for sure, and you need to talk to the architect about how much he participated in the design.
Q. How do I find Oklahoma law/Statutes prior to 2006? Specifically §22-3 and §22-152 from 1996?
A: You can go to www.oscn.net and find what you need. Click on Legal Research, then Oklahoma Statutes Citationized, then go to the title and section you're looking for. The current version will display, but towards the bottom of the screen there will be a link to superseded documents. Find the version you are looking for and click on that link.
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Contact & Map
Oxford Lehr, PLLC
1800 S. Baltimore Ave
Suite 825
Tulsa, OK 74119
USA
Telephone: (918) 884-6016