August 15, 2024 | Personal Injury
In Oklahoma, personal injury liability is based on the legal concept of fault. To hold another party legally responsible for your accident, you generally need to prove that their negligence—failure to take due care—contributed to causing your injuries. Notably, our state uses a comparative negligence standard. It is effectively a proportionate responsibility system—and it can have major implications for your claim. Within this blog post, our Oklahoma City personal injury lawyer provides a comprehensive overview of the key points that you need to know about our state’s comparative negligence standard.
Comparative Negligence: Defined
Negligence is the failure to take reasonable care. It is the basis of liability in most types of personal injury cases in Oklahoma—from car crashes and truck accidents to slip and falls and medical malpractice claims. Proving negligence requires establishing four key elements:
- Duty of care;
- Breach of duty;
- Causation; and
- Damages.
Notably, comparative negligence is used in most U.S. states, including Oklahoma. Comparative negligence is a legal doctrine used to allocate fault among multiple parties involved in an accident. Under this system, a plaintiff’s financial compensation is reduced by the percentage of their own responsibility for an accident.
An Overview of Oklahoma’s Modified Comparative Negligence Standard
Some jurisdictions operate under a pure comparative fault standard. However, Oklahoma is not one of these states. Under Okla Stat. Ann. Tit. 23 § 13, our state uses a modified comparative negligence standard for personal injury claims. Oklahoma’s modified comparative negligence standard allows a party to recover damages in a lawsuit as long as they are not more than 50% at fault for the incident. Under this standard, the amount of compensation awarded is reduced by the percentage of fault assigned to the plaintiff—as long as their degree of fault for the accident is 50% or less. If a person is found liable for the majority of their own accident, they will not be able to hold another party responsible for their damages under Oklahoma law.
Understanding Comparative Fault Through Three Examples
The best way to understand how comparative negligence works in practice is through some simple examples. Imagine that you were in an accident in Oklahoma City or elsewhere in the state. Your personal injury case would be subject to our state’s modified comparative negligence standard. Now imagine that your damages for the accident were $50,000 in total. Here is how the case would play out with different levels of fault assigned:
- 0% at Fault: If a plaintiff is found to be zero percent at fault, they are entitled to recover the full amount of damages, which in this scenario would be $50,000. A full recovery is the ideal result in every type of personal injury claim in Oklahoma.
- 20% at Fault: When a plaintiff is 20% at fault, their recovery is reduced by their percentage of fault. That means the resulting financial recovery would be $40,000. The reason being is that 20% of $50,000 is $40,000.
- 60% at Fault: A plaintiff who is 60 percent at fault would not recover any damages under Oklahoma’s modified comparative negligence standard. The reason is that the injured victim’s degree of fault in this case exceeds Oklahoma’s 50% threshold to bring a claim.
Comparative Negligence Makes a Comprehensive Investigation of a Serious Accident a Must
Every accident in Oklahoma requires a thorough, detail-focused investigation. Among other things, the purpose of the investigation is to determine the party responsible. It is crucial that you have access to all of the evidence that is needed to prove fault—whether that is your testimony, witness statements, photographs, police reports, and potentially even expert analysis. A detailed investigation ensures that all aspects of the case are considered. Notably, every percentage point of fault matters. It is imperative that you are not unfairly blamed for your accident. Even a small amount of unfair fault could take many thousands of dollars out of your pocket. Your lawyer can protect your rights and ensure you are treated fairly by the insurance company.
Schedule a Free Consultation With Our Oklahoma City Personal Injury Attorney Today
At McGuire Law Firm, our Oklahoma City personal injury attorneys are tireless, experienced advocates for injured victims. Did you sustain a terrible injury in an accident? We are here to help. Contact us right away for your free, no-strings-attached initial consultation. We represent injured victims in Oklahoma City and throughout the region, including in Edmond, Tulsa, and Lawton.