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Personal injury litigation is subject to different regulations in every state. To bring a case in Oklahoma it is very important that you consult an experienced Oklahoma personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Oklahoma can arise from negligence or intentional wrongdoing.
In Oklahoma you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Oklahoma follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
Oklahoma personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under Oklahoma law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
Oklahoma limits non-economic damages to $300,000 in medical malpractice cases. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Oklahoma limits punitive damages based on the conduct of the defendant. If the jury finds that the defendant acted with "reckless disregard for the rights of others" punitive damages are limited to either $100,000 or the compensatory damages. If the defendant acted intentionally and with malice, up to $500,000 or two times the compensatory damages can be awarded as punitive damages. There is no limit on punitive damage if the courts find that the defendant acted intentionally and with malice in behavior that was life threatening to humans.
In Oklahoma you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Oklahoma you need the counsel of a personal injury attorney who understands the nuances of Oklahoma law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.
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