If you have been injured as a result of another person’s negligence, you may be facing large medical bills and a loss of income and may feel that you should be compensated for your losses. However you may be unsure under if you have a case to seek compensation for your injuries. This article explains how you can know if you have a personal injury case in Oklahoma.
Generally, when you are injured due to the negligence of another, you can seek compensation for your injuries from the party at fault. In order to be successful however, you must be able to show that the defendant acted negligently and that his or her negligent actions were the cause of you injuries. Even in cases were you are partially responsible for your injuries, you may still seek partial compensation for from the other party at fault. Oklahoma personal injury law follows the theory of Modified Comparative Fault 50% Bar, which allows plaintiffs who are partially at fault to be awarded proportionate compensation as long as they are less than 50% at fault for the injuries they have sustained.
What is Personal Injury Law All About?
Personal injury law covers a wide spectrum injury that can result from a variety of different circumstances. The most common types of personal injury cases involve, car accidents, slip and falls accidents (also known as premises liability), product liability and medical malpractice. Each of these categories may differ in the context and type of injury you might suffer, but in each case the defendant to be held liable for your injuries if compensation is to be awarded.
Liability is the legal term for fault and in general, fault can be determined in three different ways: due to negligence, strict liability or intention.
Negligence is established by the presence four basic elements:
1. The defendant must have had a legal duty (responsibility) to behave in certain manner towards you. For example, we have a legal responsibility to operate our cars with a reasonable amount of care for the safety of others.
2. The defendant must have breached this duty to you. Driving recklessly at anytime is a breach of a driver’s duty to other motorist on the road.
3. You must have suffered an injury. Physical injuries, financial losses and emotional trauma are all examples of injuries.
4. The defendant’s breach of duty must have been the proximate (most direct) cause of your injuries. A Property owner forgetting to warn you of a wet floor may be the proximate cause of the injuries you sustained when you slipped and fell, as opposed the actual cause, which is the wet floor itself.
Strict liability is employed in situations where negligence need not be proven. This often pertains to activities that are particularly dangerous in nature and will frequently result in injuries, such as in the transportation of explosives or other volatile material. Strict liability is also applicable in product liability cases. In order for the manufacturer of a product to be held liable for injuries you sustain while using it, you need only prove that the product was defective.
Intentional fault is evident when someone intentional does harm to another such as in cases of libel, slander or assault and battery. Intention, however, is not as easy to prove as it may seem and usually comes down to a jury or the court determining if the defendant knew that his or her actions would cause you harm.
Do You Have an Oklahoma Personal Injury Case?
Your right to compensation for injuries caused by others depend on a number of different factors, including the type of injury, the circumstances leading to your injury and how much you are personally at fault. That being said, anytime your injuries are someone else’s fault, you deserve to be compensated for medical expenses, for loss of income and for the pain and suffering you endure. Contact a Tulsa personal injury attorney at Tulsa Personal Injury Law Office at (918) 924-5528 to help you determine whether or not you have a personal injury case in Oklahoma. Compensation is your right.
