When you’ve been injured, you might be facing mounting medical bills, lost income, or ongoing pain. In Oklahoma, a personal injury lawsuit can help you get the compensation you deserve when someone else’s negligence caused your injuries. If you’re feeling overwhelmed, know that help is available. You should contact an experienced personal injury attorney, but first, you can learn more about Oklahoma personal injury laws.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a way to recover money for damages caused by someone else. Most cases involve insurance, which often pays for costs like medical bills, lost wages, or property damage. For example, if you’re injured in a car accident because another driver ran a red light, their auto insurance may cover your losses. If you’re injured as a result of medical malpractice, their medical liability insurance would cover it.
In Oklahoma, many lawsuits settle outside of court. However, some cases go to trial, especially if the facts are disputed or the insurance company refuses to offer fair compensation. For example, lawsuits involving defective products or catastrophic injuries might require a trial to determine liability under personal injury law.
How Long Do You Have to File a Personal Injury Lawsuit in Oklahoma?
Oklahoma’s statute of limitations generally gives you two years from the date of your injury to file a lawsuit. This rule helps keep evidence fresh and prevents delays. However, some exceptions apply. If you didn’t discover your injury right away, the clock may start when you first realize the harm. If the injured person is a minor, the timeline may extend until they turn 18.
No matter the circumstances, it’s essential to act quickly and consult an attorney who can evaluate your situation before deadlines pass. Oklahoma laws on personal injury statute of limitations are strict, and if they pass, you’ll lose your ability to bring a lawsuit.
What Are Oklahoma’s Negligence Laws?
In Oklahoma, negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. To succeed with a claim under Oklahoma personal injury law, you must establish four elements:
- Duty of Care: The defendant had a legal obligation to act with care toward you. For instance, drivers must follow traffic laws to ensure others’ safety.
- Breach of Duty: The defendant violated this duty through action or inaction. An example is a driver texting while driving, diverting attention from the road.
- Causation: The breach directly caused your injury. If a distracted driver runs a red light and hits your car, their negligence caused your injuries.
- Damages: You suffered actual harm, such as physical injury or financial loss, due to the incident.
Another example would be if a store owner neglects to clean up a spill and you slip and fall, injuring your back, the owner’s failure to maintain safe premises may constitute negligence under premises liability.
Comparative Negligence Laws
Oklahoma follows a modified comparative negligence system. This means you can recover damages if you’re less than 50% at fault for the incident. However, your compensation decreases by your percentage of fault.
For example, if you’re 30% responsible and your damages total $10,000, you’d receive $7,000. If you’re found 50% or more at fault, you cannot recover any damages.
What Types of Damages Can I Get?
In Oklahoma personal injury cases, “damages” refer to the compensation you’re awarded for losses suffered due to an injury. They’re categorized into two main types: compensatory and punitive damages.
Compensatory Damages
Compensatory damages reimburse you for actual monetary losses and are divided into two categories. Economic damages cover tangible financial losses, including:
- Medical Expenses: Costs for hospital stays, surgeries, medications, and rehabilitation.
- Lost Wages: Income lost due to time off work during recovery.
- Property Damage: Repair or replacement costs for damaged property, like a vehicle in a car accident.
Non-economic damages address losses that don’t have a specific monetary amount, such as:
- Pain and suffering: Physical discomfort and emotional distress resulting from the injury.
- Emotional Distress: Anxiety, depression, or trauma caused by the incident.
- Loss of Consortium: Diminished companionship or support from a spouse due to the injury.
Punitive Damages
Punitive damages punish the defendant for especially bad behavior and are supposed to prevent similar conduct in the future. Oklahoma personal injury law reserves punitive damages for cases where there is severe misconduct:
Category 1 – Reckless Disregard: If the defendant acted with reckless disregard for others’ rights, punitive damages are capped at the greater of $100,000 or the amount of actual damages.
Category 2 – Intentional and Malicious Conduct: If the defendant acted intentionally and with malice, punitive damages are capped at the greater of $500,000, twice the actual damages, or the increased financial benefit the defendant gained.
Category 3 – Special Circumstances: If the defendant acted intentionally, maliciously, and engaged in life-threatening conduct, there is no cap on punitive damages.
Is There a Limit on Damages in Personal Injury Cases?
There has never been a cap on economic damages in Oklahoma. However, Oklahoma personal injury law has addressed limits, or “caps,” on other types of damages.
Previously, Oklahoma law capped non-economic damages (like pain and suffering) at $350,000 in personal injury cases, unless the injury resulted from reckless disregard for others’ rights, gross negligence, fraud, intentional injury, or malice. However, in 2019, the Oklahoma Supreme Court declared this cap unconstitutional in Beason v. I.E. Miller Services Inc., allowing juries to award appropriate amounts based on case specifics.
Oklahoma personal injury laws do set specific limits on punitive damages. If the defendant acted with reckless disregard for others’ rights, punitive damages are capped at $100,000 or the amount of actual damages awarded, whichever is greater. If the defendant acted intentionally and with malice, the cap increases to $500,000, twice the amount of actual damages, or the financial benefit the defendant gained from their actions, whichever is greater.
How Much Are Most Personal Injury Settlements?
Settlement amounts can range from tens of thousands of dollars to millions of dollars based on the kind of case, severity of injury, and many other factors. Other primary factors are:
- Medical Expenses: Higher medical bills can result in larger settlements to cover these costs.
- Lost Income: If injuries cause you to miss work or reduce your ability to earn a living, settlements may include compensation for these losses.
- Degree of Fault: Your share of fault affects the settlement amount. Higher personal fault reduces your compensation.
- Insurance Policy Limits: The at-fault party’s insurance coverage can limit the maximum settlement amount.
Ask the Experts About Oklahoma Personal Injury Laws
Understanding Oklahoma’s personal injury laws can help you approach your case with greater confidence. If you’ve been injured, working with an experienced personal injury attorney can help you navigate the legal process and focus on recovery. The Oklahoma Injury Guy offers free case evaluations to help you find a path forward. Don’t wait—contact us today and take the first step toward securing the compensation you need.