accident are often a mix of circumstances, both within and beyond your control. It is not uncommon, for a motorist to be held partly responsible for the accident in which he or she sustained injuries. If you find yourself in this situation, you are probably wondering if indeed you can file a personal injury claim in Oklahoma when you are partly responsible. The answer to that question is yes and what follows is a brief explanation of how Oklahoma law deals with this particular situation.
States fall into two different categories when it comes to dealing with fault in personal injury cases. A few states follow the theory of contributory negligence, which hold that if a party to a personal injury claim is one percent or more at fault, they are not entitled to any compensation for their injuries. The rest of states follow the theory of comparative negligence, which is practiced in several different variations. Basically however, the theory of comparative negligence holds that the amount of compensation that a jury awards to a personal injury claimant should be reduced by their own percentage of fault for the accident. So for example, if party A is found to be 20 percent at fault and party B 80 percent, party A will be entitled to be reimbursed by party B for 80 percent (a 20 percent reduction) of the damages sustained. This is in contrast to Party A being entitled to zero compensation under the theory of contributory negligence.
Oklahoma follows a variation of comparative negligence called modified comparative fault-50% bar. Under his variation of comparative negligence, if you are 50 percent a fault or more, you are barred from receiving any compensation for your injuries. On the other hand, if you are 49 percent at fault or less, you are entitled to be compensated for your injuries at an amount reduced by the percentage of your own degree of fault. For example, if you are found to be 45 percent at fault, a jury may award you 55 percent of your damages as compensation, but if you are 51 percent at fault you will receive no compensation.
Again, it is not at all uncommon for both parties to be at fault when one is injured in accident and you can file an injury claim in Oklahoma even if you partly at fault. However, because the amount of compensation you are entitled to in Oklahoma depends on your degree of your fault, establishing proportionate fault in a personal injury claim is extremely important.
No Cost Case Evaluation: Tulsa Accident Attorney
If you or your loved ones have been injured in an accident where you are partly at fault, a knowledgeable personal injury attorney can assist you in getting the maximum amount of compensation you are entitled to. Contact a Tulsa Personal Injury Law Office personal injury attorney at (918) 924-5528 today to assess the validity of your Oklahoma personal injury claim. The consultation is low-cost, and there’s no obligation. You may also submit an inquiry using the form at the top right side of this page.
