Oklahoma Personal Injury Law

The following summary of Oklahoma personal injury laws and case types will help you understand important aspects of injury claims in this state.

Oklahoma Statute of Limitations:

• Personal Injury: 2 years
• Medical Malpractice: 2 years
• Products Liability: 2 years

Caps on Personal Injury Awards in Oklahoma:

There is a personal injury cap of $300,000 for non-economic damages in the state of Oklahoma.

Oklahoma Serious Injury Threshold:

There is no monetary threshold in the state of Oklahoma.

Oklahoma is a Fault state and follows the modified comparative fault-50% theory which means that if a plaintiff is 50% at fault or more, it is a complete bar to recovery.

Personal Injury Claims & Theories of Liability Oklahoma:

Auto Accident Claim: If one drives his or her vehicle in a negligent manner and injures a passenger, another driver or a pedestrian as a result, he or she will be responsible to compensate the victim for their losses.

Medical Malpractice Claim: If a physician or other medical professional was negligent in their care, they can be held liable for the patient's injuries. These cases can only succeed if the health care professional acted unreasonably and below the accepted standard of care.

Slip and Fall Accident: If a property owner fails to reasonably inspect his property and make it safe or warn potential plaintiffs, he will be liable for any injuries that result due to hazardous conditions - unless the plaintiff is more than 50% at fault. In that case, the fault of plaintiff will be considered a complete bar to recovery.

Product Liability Lawsuit: Products are governed by strict state and federal guidelines due to the rigorous screening they will have gone through prior to being made available to consumers. If they damage an individual, however each and every member of the production chain will be jointly and strictly liable.

Wrongful Death Case: In Oklahoma, if a party dies as a result of the negligence of another and the plaintiff is less than 50% to blame, that negligent party can be held liable to the victim's estate.

Workers' Compensation Law: In Oklahoma, it is mandatory that employers carry workers compensation insurance to cover their employees in the event of workplace injury. This insurance will cover medical expenses and settlements.

For More Information Check out these sites:

Oklahoma State Government Website

Oklahoma Department of Insurance