Personal injury laws are put in place to protect citizens who have suffered physical or psychological harm from the negligent actions of another party. These laws vary state by state, and Oklahoma is no exception. As an Oklahoma resident, it is important to understand the laws that protect you in case of an accident or injury. This guide provides comprehensive coverage of Oklahoma personal injury laws, including the statute of limitations, fault, and damages.
Table of Contents
What is Personal Injury Law in Oklahoma?
Personal injury law is a set of legal rules that govern injury claims in Oklahoma. These rules determine who is at fault, what damages can be claimed, and how long a person has to file a lawsuit. There are several types of personal injury cases, including:
- Car accidents
- Slip and falls
- Medical malpractice
- Dog bites
- Defective products
- Workplace accidents
The Statute of Limitations
The statute of limitations is the time frame in which you must file a personal injury claim. In Oklahoma, the statute of limitations for personal injury claims is two years from the date of the accident. For product liability claims, the statute of limitations is two years from the date of the injury or one year from the date you discovered, or should have discovered, the injury.
Fault in Oklahoma Personal Injury Cases
Oklahoma operates under a modified comparative negligence rule, which means that any damages awarded will be reduced by the percentage of fault assigned to the plaintiff. To recover damages in Oklahoma, the plaintiff must prove that the defendant was at fault for their injuries.
Damages in Oklahoma Personal Injury Cases
Damages in Oklahoma personal injury cases can be economic or non-economic. Economic damages include things like medical expenses, lost wages, and property damage. Non-economic damages include things like mental anguish, pain and suffering, and loss of enjoyment of life. In Oklahoma, there is no cap on damages for personal injury cases, but there is a cap of $350,000 for non-economic damages in medical malpractice cases.
The Impact of Contributory Negligence
In Oklahoma, if the plaintiff is found to be more than 50% at fault for the accident, they are not entitled to recover damages. This is known as contributory negligence, and it can severely impact the outcome of a personal injury case.
Comparative Fault
Comparative fault is where both the plaintiff and the defendant are at fault for the accident. This means that damages will be awarded according to the percentage of fault assigned to each party. For example, if the plaintiff is found to be 20% at fault and the defendant is found to be 80% at fault, the plaintiff will only be able to recover 80% of the damages awarded.
Shared Fault
Shared fault is when both parties are responsible for the accident, but one party is more responsible than the other. In Oklahoma, if the plaintiff is found to be less than 50% at fault for the accident, they can recover damages. However, the damages will be reduced by the percentage of fault that is assigned to the plaintiff.
Getting Legal Help
If you have suffered an injury due to the negligence of another party, it is important to seek legal help as soon as possible. An experienced personal injury lawyer can provide you with the guidance and representation you need to pursue compensation for your injuries.
Conclusion
Personal injury laws in Oklahoma are complex and can be difficult to navigate without legal guidance. By understanding the statute of limitations, fault, and damages, you can better prepare yourself in case of an accident. If you have suffered a personal injury, don’t hesitate to seek legal help to protect your rights.