Personal Injury Claims in Oklahoma
If you have suffered an injury that you believe was the fault of another person or was caused by a defective product, then you may have options. You can file a personal injury lawsuit to seek compensation for the costs associated with your injury.
Oklahoma’s “At-Fault” System
When it comes to accidents, Oklahoma is an “at-fault” state. Whoever was responsible for the accident must pay for the medical bills and property damages, usually through their insurance. Liability insurance is typically what is used to cover these expenses. If the responsible party’s insurance does not cover all of the costs caused by the injury, then it is possible for the victim to file a lawsuit against them to pay for additional costs.
If you were injured by a product, and the product was somehow defective, then you may be able to file a personal injury claim against the manufacturer. There are different types of product liability claims, including negligence, strict liability, and breach of warranty or fitness.
In this type of case, you must prove that a property owner did not maintain their property and that the condition of the property resulted in your injury. Negligence, such as a lack of reasonable care, is the typical basis for cases like these.
Modified Comparative Negligence
Many states, including Oklahoma, follow a “modified comparative negligence” rule. This means that if you partially caused the accident, then any money you receive will be reduced by the percentage that the court decides the accident was your fault (if the percentage is less than 50%).
For example, if the accident was 10% your fault and the court awards a total of $100,000, you’ll receive $90,000 instead. However, if the accident was 50% or more your fault, then under Oklahoma law, you cannot receive any compensation.
Statute of Limitations
In Oklahoma, the statute of limitations on personal injury cases is two years. If you file your claim more than two years after the date of the accident, the court will most likely not consider your case.
To prove that a person or company was negligent, you have to show that they did not fulfill their duty of reasonable care. If you can prove that the other party was careless, or a product was defective, then typically the other party can be held liable and may be required to compensate you.
Potential Damages Available
Some states set a cap on how much you can receive in damages. In Oklahoma, there is a cap on non-economic damages, which means you can receive money for the pain and suffering the accident inflicted on your life. That cap is set at $350,000.
However, the cap does not affect how much you can receive for damages relating to your medical care or lost income.