An accident may be the result of multiple causes. When this happens, the courts will use specific theories of liability to determine who is responsible and to what extent. Fortunately, Oklahoma is one of the many states that does not bar individuals from filing personal injury claims in Tahlequah to receive compensation for damages sustained in an accident in which they share liability.
Filing Personal Injury Claims in Tahlequah
States fall into two different camps in regards to shared liability for personal injury accidents:
Some states follow the theory of contributory negligence, where a person who is 1% responsible or more will be barred from compensation for their injuries. Those states who follow the theory of comparative negligence allow compensation for those who are partly liable, but the amount of compensation you are entitled to will be reduced by your own percentage of liability for the accident in which your injuries were sustained.
For example, under comparative negligence, if you are 25% liable and a second party is 75% liable, you will be entitled to be reimbursed by the second party for only 75% (a 25% percent reduction) of the damages you have sustained.
On the other hand, in a contributory negligence state, 25% liability (more than 1%) would bar you from receiving any compensation at all.
Comparative Negligence in Oklahoma
Oklahoma follows a particular version of the theory of comparative negligence in determining if and how much compensation you are entitled to receive for damages you incur in a personal injury accident. This theory, called modified comparative fault – 50% bar, allows one to be compensated for damages sustained in a personal injury accident, as long as he or she is less than 50% liable for the accident. Your compensation, however, will be limited in accordance with your own percentage of fault.
For instance, if 45% of the liability lies with you, you will only be entitled to receive 55% of what your damages amount to. If 51% of the liability lies with you, you will be barred from receiving any compensation.
Summary
To summarize, in Oklahoma you can file a personal injury claim for an accident in which you are partly at fault and still be compensated, if your individual liability for the accident is less than 50%. However, the amount of damages you are entitled to receive will be reduced by your own percentage of fault.
Low-cost Strategy Session
For a low-cost consultation with a Tahlequah personal injury lawyer, call 918-458-2677.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
