When you have been injured in the state of Oklahoma, you can sue for damages. If you are successful in proving your case, you may be able to recover economic and non-economic damages, as well as punitive damages, from the person or entity at fault. To achieve the desired objective, however, you will need to hire a competent personal injury lawyer. Consider hiring the attorneys at Talley Turner Bertman to represent you in the personal injury lawsuit.
Proving Your Case
Whether you want to file a product liability, dog bite, slip-and-fall, car accident, or medical malpractice suit, you have to prove a number of things. For one, you must prove that the defendant owed you a duty of care and that they failed to exercise this duty. Secondly, you must prove that the failure to observe reasonable care caused the accident that led to the injuries you sustained. Lastly, you must provide evidence to support the figure you are claiming as economic and non-economic damages. If successful, you can expect to have your claim awarded. It is important to note, however, that it is not always necessary to pursue the case to the end. This is because you can always negotiate a suitable settlement with the defense team.
Oklahoma Personal Injury Laws to Know
Since state laws differ from one state to the next, you need to familiarize yourself with personal injury laws that are unique to Oklahoma State. Below are some of them:
i) Statute of Limitations
This is the time limit within which a person can file a personal injury lawsuit in the state of Oklahoma. According to state law, you have a maximum of two years to file a personal injury lawsuit from the time of the injury. If two years pass and you have not filed the lawsuit, the at-fault party will be absolved of all blame.
Plaintiffs are required to prove that the defendant is liable for the injuries. If more than one person is liable, each will bear their share of blame proportionately. For instance, if three drivers are equally to blame for an accident, the damages awarded will be shared equally between them.
iii) Contributory Negligence
In Oklahoma, plaintiffs can only recover damages if they are less than 50 percent to blame for the accident. When awarding damages, however, the court will take into consideration the contribution of negligence on the plaintiff’s part. For instance, if the plaintiff’s negligence is found to be 40 percent and damages awarded total $500,000, they can only get $300,000 as damages.