What is a personal injury case?
Personal injury is a term that includes a wide range of legal cases to compensate victims that were “personally injured” due to the negligence, carelessness, or deliberate acts of another. Personal injury claims are based in tort law and have two basic issues: liability and damages.
Liability: Was the defendant liable or responsible for the injury? Was the defendant liable for the damages you sustained?
Damages: What is the nature and extent of your damages?
Our justice system will award you compensation for your loss if you or your personal injury lawyer can prove these two elements in tort.
Personal Injury Lawsuits in Oklahoma
In Oklahoma everyone is held to a reasonable person standard of care. You can be held liable for your actions if a reasonable person in similar circumstances would not have acted as you did. A personal injury victim in Oklahoma may seek medical expenses and other damages, compensation, when someone departs from this standard of care and a person is injured.
The Oklahoma personal injury lawyers at OKC Injury Lawyer have the experience and FIERCE ADVOCACY you need to receive compensation for your injuries. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a free confidential case evaluation. Founder John P. Cannon has been recognized as a Super Lawyer and Top 40 under 40 and we will use our experience to fight for you.
What are the most common personal injury cases?
As stated above, personal injury claims come in many forms; however, the most common cause of personal injury cases are a result of a traffic collision. The personal injury lawyers at OKC Injury Lawyer handle the following types of personal injury traffic accident cases:
4) Drunk Driving Accidents
In addition to personal injury traffic collision cases, the follow are common causes of action for personal injury cases in Oklahoma:
- Wrongful Death
- Nursing Home Negligence or Abuse
- Premise Liability Accidents or Slip-and-Fall Accidents
- Defective Medical Equipment
- Defective Consumer Products or Products Liability
- Medical Malpractice
Claims of personal Injury in Oklahoma
Although some personal injury claims are a result of the intentional acts of another; most personal injury claims are based in negligence. The following four elements are necessary to prove negligence:
- A party had a duty to act reasonably given the circumstances;
- The party breached the duty;
- The party’s breach of the duty caused harm;
- Monetary damages resulted from the harm caused by the party’s breach of the duty of care.
Under Oklahoma law a personal injury plaintiff must prove the following three elements to prove liability for negligence:
- He / She suffered an injury;
- The party from whom recovery is sought was negligent;
- Such negligence was a direct cause of the injury sustained.
OUJI Civil 9-1
The amount of compensation for a personal injury claim depends on a number of factors, discussed below; however, the severity of injuries is a primary factor.
What does Negligence Mean?
Oklahoma uniform jury instruction 9.2 defines Negligence as follows:
The failure to exercise ordinary care to avoid injury to another’s person or property. “Ordinary care” is the care which a reasonably careful person would use under the same or similar circumstances. The law does not say how a reasonably careful person would act under those circumstances. That is for you to decide. Thus, under the facts in evidence in this case, if a party failed to do something which a reasonably careful person would do, or did something which a reasonably careful person would not do, such party would be negligent.
OUJI Civil 9.2
How is Compensation Determined in Oklahoma Personal Injury Cases?
The type and amount of damages in Oklahoma personal injury claims include economic and non-economic damages. Economic damages most often include medical expenses, lost wages, and property damage, i.e. vehicle damage in a car accident. Non-economic damages are less objective and involve calculating harm beyond economic losses. Non-economic damages include: emotional distress & pain and suffering.
There is no limit to damages for economic losses in Oklahoma.
What are Modified Comparative Fault Laws?
Oklahoma is an at-fault state, which means the party responsible for an accident will be held responsible for the economic and non-economic damages discussed above. Modified comparative fault laws limit a victim’s ability to collect compensation, if they are more than 50 percent at fault for the incident causing injury.
How is Comparative Fault used?
Comparative fault applies in accident or injury cases with multiple parties. The compensation a party can receive is reduced based on the percentage of fault that can be credited to the victim.
Example: If the economic and non-economic damages in a car accident case total $100,000 and the plaintiff or victim is 30 percent at fault, the victim can only recovery $70,000.
Oklahoma Statutes Title 23 Section 13 defines comparative negligence and the associated sections explain its application.
How is Fault Determined?
Fault is not a concrete factor in personal injury cases, it is subject to interpretation and argument. The potential value of your personal injury case in Oklahoma can be affected by the percentage of fault that can be attributed to each party. Insurance adjusters propose fault assessments in Oklahoma that may be binding in your personal injury claim, unless you retain experienced personal injury lawyers to help you. Many times, the initial settlement offered by insurance company adjusters is insufficient to compensate the damages to victims, especially the non-economic or long-term damages.
Fierce Advocates for Oklahoma Injury Victims
The entire team at OKC Injury Lawyer are Fierce Advocates for victims of personal injuries. We work on a strict contingency-fee basis, which mean you have NO ATTORNEY FEES, unless we obtain compensation in your case.
Hiring an Oklahoma Personal Injury Lawyer
The laws that protect victim of personal injury claims are complex and in order to protect your claim you must follow a detailed list of steps. Your rights to file a personal injury claim or personal injury car accident lawsuit should not be taken lightly. Speak to an Oklahoma personal injury lawyer or Oklahoma car accident attorney before forfeiting your rights.
Experience matters when you or a loved one has been injured or died as a result of the negligence or intentional harm of another in Oklahoma. It is important to know the Oklahoma personal injury lawyer you hire is dedicated to your cause and versed in all aspects of personal injury law in Oklahoma. John Cannon, owner of OKC Injury Lawyer is a Fierce Advocate for personal injury victims and will fight for you. He has been recognized as a Super Lawyer and Top 40 under 40. Contact OKC Injury Lawyer to protect your rights and fight your personal injury case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a free confidential case evaluation.