Oklahoma Personal Injury
If you have suffered a personal injury in an Oklahoma auto or other type of accident and the injury was caused by another, you might be entitled to monetary compensation. This compensation is to reimburse you for past and future medical expenses, past and future lost income, and pain and suffering.
Types of Personal Injury Cases in Oklahoma
Personal injury is a legal term that depicts mental, physical, and emotional harm to an individual, which was caused by another’s negligent conduct. Injuries might be minor, like a contusion or strain, or they may be on the extreme end of the spectrum, such as paralysis, permanent disability, or gross disfigurement. At times, personal injuries can be so dire as to result in death. Note that personal injury law does not afford damages or any form of recovery for personal or real property destruction, such as to a vehicle or residence.
Personal injuries can happen in a variety of ways and triggers often fall into one of these categories:
- Motor vehicle accidents
- Trucking accidents
- Child injuries
- Motorcycle accidents
- Defective medical devices
- Product liability
- Wrongful death
- Faulty premises liability
- Pedestrian injury or death
- Bicycle injury or death
- Nursing home abuse or death
How Is Fault Determined in Oklahoma Personal Injury Cases?
To collect a recovery in a personal injury case in Oklahoma, a claimant must show that the defendant was negligent. Negligence is legally proved by establishing these prongs:
- Duty. The party who caused harm or injury (defendant) had a legal duty or responsibility not to cause harm or injury to plaintiff.
- Breach. The defendant failed to meet his legal duty or responsibility to plaintiff.
- Causation. There is a causal connection, or nexus, between the defendant’s conduct and the plaintiff’s injury
- Damages. The plaintiff suffered damages, financial harm, or other forms of loss because of the accident or injury.
Oklahoma Has Adopted the Modified Comparative Fault Rule in Negligence
Like eleven other states, Oklahoma has adopted and follows the 50 percent bar rule under principles of modified comparative fault. Pursuant to this rule, injured parties are not able to recover damages if they are 50 percent or more at fault for the injuries suffered. Plaintiffs can receive recovery if they are found to be 49 percent or less at fault for the resulting injuries and harm. Oklahoma judges and juries will reduce a litigant’s recovery by the degree of fault.
Whether you live in Tulsa, Oklahoma City, Norman, Lawton, or Broken Arrow, an Oklahoma personal injury attorney can assist in evaluating, assessing, and determining legal remedies, alternatives, and potential recovery sources for your injury. Time may be of the essence in making a claim, however.
Find a local Oklahoma personal injury attorney today
An Oklahoma personal injury lawyer can help evaluate your situation and explain your legal options. If the Oklahoma personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.