Personal injury cases can be complex and often involve multiple parties. In some cases, more than one party may be responsible for the injuries sustained by the plaintiff. When this happens, the concept of comparative negligence may come into play. In this article, we will discuss the role of comparative negligence in personal injury cases in Oklahoma.
What is Comparative Negligence?
Comparative negligence is a legal concept that is used to determine the level of fault for each party involved in a personal injury case. Under comparative negligence, the damages awarded to the plaintiff may be reduced based on the degree of fault assigned to them for their own injuries.
There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. In pure comparative negligence, the plaintiff can recover damages even if they are found to be 99% at fault for their injuries. In modified comparative negligence, the plaintiff can only recover damages if they are found to be less than a certain percentage at fault, typically 50%.
Role of Comparative Negligence in Personal Injury Cases in Oklahoma
Oklahoma follows a modified comparative negligence system. Under this system, the plaintiff can only recover damages if they are found to be less than 50% at fault for their injuries. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages.
In personal injury cases in Oklahoma, the court will consider the actions of all parties involved in the incident to determine the degree of fault for each party. If the plaintiff is found to be partially at fault for their injuries, the damages awarded to them will be reduced based on their percentage of fault. For example, if the plaintiff is found to be 20% at fault for their injuries and is awarded $100,000 in damages, the damages will be reduced by 20% to $80,000.
Conclusion:
Comparative negligence is an important legal concept in personal injury cases in Oklahoma. Understanding the role of comparative negligence can help plaintiffs and defendants better understand their rights and responsibilities in personal injury cases. If you have been injured in Oklahoma, it’s important to speak with an experienced personal injury lawyer who can help you navigate the legal process and protect your interests.