Personal Injury Law in Oklahoma
The state of Oklahoma requires that in cases of personal injury, the plaintiffs must prove that the incident was caused due to the defendant’s carelessness or negligence. Plaintiffs must also prove that the defendant’s wrongdoing actually caused their damages and/or suffering.
In Oklahoma, comparative negligence law and a modified comparative fault rule are in effect. This means that if a party is 50 percent or more responsible they may not recover losses. If a party is 49 percent or less they may recover losses but the amount recovered will be less depending on their amount of responsibility. If multiple parties are involved, those at fault must share the total compensation due to the suing party.
In the case of a consumer product personal injury lawsuit, Oklahoma has a strict liability law. In order to win a personal injury lawsuit in these kinds of cases in Oklahoma, the plaintiffs must prove that the product was flawed, which caused the consumer harm and damaged them in a substantial way. They must also prove that they were using the item in the way it was intended to be used.
Defendants in a personal injury lawsuit are responsible for a number of things in most cases. For example, they are responsible for any payments made by the plaintiff relating to the personal injury case that is underway. The defendant is responsible for any funds lost by the suing party, any personal property damage, any bodily injuries or permanent personal damage, any pain either physical or emotional, and any other costs due to the personal injury lawsuit at hand, not including attorney’s fees which are paid out of the total settlement amount.
The statute of limitations in Oklahoma for personal injury cases is two years, meaning that if there is no lawsuit filed within the first two years after the incident then there cannot be a lawsuit. Consult a qualified Oklahoma Personal Injury Attorney to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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