Breaking Down Personal Injury Liability: What You Need to Know
Understand personal injury liability and your rights. Don’t leave your safety to chance. Read our guide and learn how to protect yourself effectively!
According to the latest National Safety Council data, 62 million preventable medically consulted injuries occurred in the U.S. in 2023. Behind this eye-opening, sobering statistic are real people facing soaring medical bills and lost income. Even more unfortunate is that many are now in this situation due to someone else’s actions or negligence.
If you or a loved one in Oklahoma is in the same boat and has suffered harm at the hands of others, know that you have rights under personal injury liability laws. Understanding these can help empower you as you navigate the legal process and seek fair accident compensation.
So, please join us today at BDIW, Boettcher, Devinney, Ingle, and Wicker, our highly experienced legal firm in Oklahoma, as we share personal injury law insights and victims’ legal rights in injury cases.
Personal Injury Liability in Oklahoma: The Basics
Personal injury liability refers to the legal responsibility of a person who has harmed another. In personal injury claims, the party who harmed another is the “defendant,” while the victim, the side who suffered harm, is the “plaintiff.”
A defendant could face a personal injury claim against them if they have harmed one or more of the following aspects of a plaintiff:
- Body
- Mind
- Emotions
Several laws govern personal injury cases in Oklahoma, including Oklahoma Statutes Title 23 (Damages). Title 23 codifies laws relating to damages, including those resulting from negligence. It also details the state’s modified comparative negligence laws.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYCases Covered by Personal Injury Liability Laws in Oklahoma
Oklahoma personal injury laws cover many cases in which someone suffers harm due to another party’s negligence or intentional acts.
Motor vehicle crashes are a perfect example, given their prevalence. As the National Highway Traffic Safety Administration points out, an estimated six to seven million police-reported crashes occur yearly in the United States. While not all road incidents lead to property damage, bodily injury, or fatalities, many do.
Slip-and-fall accidents are another example. The National Floor Safety Institute (NFSI) estimates that falls alone account for over eight million U.S. emergency room visits, with slips and falls accounting for around 12%, or over one million visits. From fractures to spinal cord injuries and traumatic brain injuries, these incidents can cause many health problems, a lot of which can be debilitating and chronic.
Other common cases covered by Oklahoma personal injury liability laws are incidents involving:
- Bicycles
- Boats
- Animal bites
- Nursing homes
- Elderly abuse
How Oklahoma’s Modified Comparative Negligence Works
Modified comparative negligence means an injured party can recover damages from the other party that caused them harm. However, the plaintiff’s percentage of fault influences their compensation.
Here’s a more detailed breakdown.
The 50% Rule
An injured party can only recover damages if their fault is 50% or less. They can no longer pursue compensation if their fault is over 50%.
Reduced Compensation
Suppose an injured party is less than 50% negligent or at fault. In this case, they can seek compensation, but they can expect it to reflect their percentage of fault.
For example, a plaintiff receives $150,000 in damages following a truck accident case. However, the court found them to be 25% at fault for the incident. In this scenario, the plaintiff’s compensation will only amount to $112,500 ($150,000 – 25%).
The Key Elements of Personal Injury Liability
For a plaintiff to receive compensation, they must establish all critical elements of a personal injury liability case in Oklahoma. All must be present, because if even just one isn’t, the law may not hold the defendant liable.
So, if you or a loved one plans to file a personal injury claim or lawsuit, you must establish the following.
Duty of Care
Duty of care means that a defendant or at-fault party had a legal obligation or duty not to harm others.
Let’s use an example of a motor vehicle accident involving a bicycle crash in Oklahoma. A car driver owed the cyclist a duty of care by following road rules, including staying on designated car lanes and not drifting into bicycle lanes.
Breach of Duty
For a personal injury liability case to be valid, the at-fault party must have breached their duty of care. For instance, in a bicycle crash, a car driver may have breached their duty by driving distractedly, resulting in them drifting into the bicycle lane and crashing into the cyclist.
Causation
Causation in personal injury cases involves proving that the at-fault party’s negligence directly contributed to or caused the plaintiff harm. It requires proving factual causation, or that the accident wouldn’t have occurred without the defendant’s negligence. Another requirement is establishing legal causation, or the plaintiff’s injuries were a foreseeable consequence of the at-fault party’s negligence.
Damages
In personal injury liability cases, damages are the losses that victims incur due to someone else’s actions or negligence. They can be economic or non-economic.
Some examples of damages are:
- Property destruction
- Previous, ongoing, and potential medical bills
- Past and future income losses
- Pain and suffering, including emotional distress and mental anguish
- Scarring and disfigurement
- Loss of function
Although rare, courts may also award plaintiffs punitive damages. Unlike the above, which are compensatory, punitive damages are more of a punishment for a defendant’s reckless or egregious actions.
Should You Hire a Personal Injury Lawyer?
If you or a loved one has sustained severe injuries due to another party’s negligence or actions, then yes, hiring a personal injury lawyer is a good idea.
Your lawyer can help you navigate the complexities of Oklahoma’s legal system and fight for your rights to ensure you receive fair compensation for your losses and injuries. With their expertise in the law, negotiation, and especially litigation, they can handle your case expertly, allowing you to heal and recover with less stress.
Let BDIW Handle Your Personal Injury Case
Cases involving personal injury liability in Oklahoma are often complex and time-consuming. As a victim, handling everything on your own can hinder your recovery, or worse, result in unfavorable outcomes.
The legal experts at BDIW, Boettcher, Devinney, Ingle, and Wicker won’t let that happen. Our lawyers boast 65+ years of combined expertise in handling personal injury claims successfully. With our compassion, commitment, expertise, and litigation prowess, we’ll aim to get you the best possible results, including the maximum compensation that you or your injured loved one deserves.
Call us today so we can get started with your complimentary, non-obligatory consultation.
