Filing a personal injury lawsuit in Tulsa, Oklahoma is challenging enough even with the accident caused by someone else. Getting compensation can be even more difficult if another party claims you were even partially at fault.
If you did contribute to the cause of the accident, you can still file a personal injury lawsuit.
However, the amount of monetary damages to which you are entitled may be reduced depending upon how you contributed to the accident.
Was the Accident Caused by Someone Else?
In tort law, the principle of comparative negligence essentially means that a plaintiff’s damages are reduced by the percentage of fault she contributed to an accident.
If Sally was hit by someone who ran a red light, but it is determined that she could have avoided the accident had she not been looking at her cellphone at the time, a jury may determine that she was 40% at fault for the accident.
If she sues the other driver and claims $100,000 in damages, she will have her damages reduced by 40% and will only recover $60,000.
In Oklahoma, a plaintiff can recover damages as long as she was not more than 50% at fault for an accident.
If she was 51% at fault, she will not be able to recover anything. Note, however, that a plaintiff will also be liable for the amount of damages she actually caused.
Initial Consultation and Case Evaluation
Even if you may have been at fault in a personal injury case, you may still be able to file a lawsuit against another person who was involved.
If you or anyone you know has been hurt due to someone else’s negligence, please contact a Tulsa personal injury attorney to discuss your available legal options.
Consult with an experienced attorney at The Personal Injury Law Office of Tulsa, call today at (918) 924-5528. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
