Profile
Norman, Oklahoma, personal injury attorney David Bernstein has fought to protect the rights and interests of personal injury victims statewide for nearly 30 years. David’s practice focuses on lawsuits involving auto and truck accidents, catastrophic injuries, work-related accidents and injuries, wrongful death and insurance-related disputes. He has represented more than 1,000 clients in these matters over the course of his career, and he has secured numerous six- and seven-figure results, including a jury verdict of $9 million in one previous case.
A 1983 graduate of the University of Oklahoma College of Law, David has published numerous articles on personal injury, insurance and trial practice topics, and he has been a frequent legal seminar speaker for various legal organizations since 1991. David is admitted to practice in all of Oklahoma’s state and local courts, in federal district court for the Eastern and Western Districts of Oklahoma, in the 10th Circuit Court of Appeals and in various tribal courts as well. His professional affiliations include the American Association of Justice, the Oklahoma Bar Association and Litigation Counsel of America.
About David Bernstein
Law School: The University of Oklahoma College of Law
Admitted: 1983, Oklahoma
Professional Webpage: www.dblaw.net/
Bar/Professional Activity:
- Injury Board
- Litigation Counsel of America
- Cleveland County Bar Association
- Oklahoma Association for Justice
- Oklahoma Bar Association
- The American Association for Justice
- U.S. Court of Appeals Tenth Circuit
- Chickasaw Nation Tribal Court
- Absentee Shawnee Tribe of Oklahoma Tribal Court
- U.S. District Court Western District of Oklahoma
- U.S. District Court Eastern District of Oklahoma
- Oklahoma
Scholarly Lectures and Writings:
Verdicts and Settlements:
- Oklahoma Supreme Court accepted cert and reversed Court of Appeals and Trial Court, finding that on case of first impression, a municipal police officer qualifies as a "government authority" under the Financial Privacy Act (Act), 6 O.S. 1981 § 2201-2204 thus making bank liable when it releases any information to a "government authority" unless the institution has either the written consent of the customer for the specific record requested, or it has been served with a subpoena for the specific record pursuant to § 2204. See Haworth v. Central Nat. Bank of Oklahoma City, 1989 OK 20769 P.2d 740., 1989
- $9,000,000.00 jury verdict in wrongful death action against trucking company for young nurse who died in collision. Cars backed up and nurse stopped 900 feet behind truck that lost control on ice and blocked all 3 lanes of traffic on icy bridge. Another car (with no insurance) rearended stopped car with nurse in it, killing nurse. Jury found trucking company 40% negligent for collision., 1996
- Oklahoma Court of Appeals (cert denied) reversed trial court and held that even though GAP agreement sold to car purchaser states that the GAP agreement is not insurance, the GAP agreement will be treated as insurance subjecting insurance company and its agents to claim for bad faith since (1) the purchaser parted with money for the GAP product, and (2) the GAP product purchased constituted a promise of one or more third parties to pay his debt (deficiency) upon the happening or occurrence of certain conditions (total loss by accident or theft) as evidenced by the GAP product. See Embry v. Innovative Aftermarket Systems, LP, 2008 OK CIV APP 92, 198 P.3d 188., 2008
- Oklahoma Supreme Court accepted cert on an interlocutory appeal and reversed Trial Court's granting of summary judgment regarding bad faith on a GAP claim, sending case back to Trial Court for case to be heard by a jury. Oklahoma Supreme Court held that party can pursue a bad faith claim even if not an insurance product so long as there is a "special relationship" under a contract (i.e., a disparity in bargaining power where the weaker party has no choice of terms, also called an adhesion contract, and the elimination of risk). See Embry v. Innovative Aftermarket Systems, 2010 OK 82, ___ P.3d ___., 2010
Representative Clients:
- Haworth v. Central Nat. Bank of Oklahoma City, 769 P.2d 740, 1989
Educational Background:
- University of Kansas, Lawrence, Kansas, U.S.A., B.A., 1980
profile