Whether you have sustained a serious injury following a car wreck, a slip, or another type of accident, you can file a personal injury lawsuit in Oklahoma. However, the process involves several steps and can quickly become complicated, especially if you enter into a court trial.
In this guide, we cover several key factors involved in suing for personal injury. For more information on personal injury lawsuits or to determine if we can help represent you in a settlement case, please contact our team of attorneys at Bryan Garrett Law today in Oklahoma City at 405-369-4498.
Personal Injury Statute of Limitations in Oklahoma
Every state sets guidelines regarding the time frame for various types of lawsuits. These timelines – called statutes of limitations – determine the period in which you or a personal injury attorney can file a personal injury claim on your behalf.
In general, you have two years from the date of the accident to file a personal injury claim in Oklahoma. That said, some exceptions do apply. For example, you only have one year to file for intentional or government torts. Additionally, you can file a wrongful death claim up to three years after an accident.
Further, the Oklahoma statute of limitations typically doesn’t apply to your insurance company. You will need to file a claim as quickly as possible to receive coverage from your insurer. A personal injury lawyer can help you file your claim with your insurance company while also managing the legal case.
Types of Injuries You Can Sue For in Oklahoma
You can sue for a variety of personal injuries in Oklahoma, including:
- Car, bus, motorcycle, or truck wrecks
- Pedestrian accidents
- Dog bites
- Medical malpractice
- Nursing home malpractice or neglect
- Wrongful death
- Slip-and-fall accidents
- Mass torts
Understanding Shared Fault in Personal Injury Cases
Oklahoma laws include a rule known as “modified comparative fault.” The rule applies to shared fault cases, in which both the plaintiff and defendant are partially to blame for the incident.
If an Oklahoma court determines that you are less than 50% responsible for the accident, you may receive a reduced compensatory award for your damages. Alternatively, if a judge determines that you are more than 50% at fault for the injury, you will not have the right to any compensation.
If you enter into a shared-fault case, your personal injury lawyer will likely attempt to minimize the blame assigned to you. While your attorney may pose various arguments, most attempt to convince the courts that the other party’s negligence resulted in your injuries.
To do so, your attorney will need to provide evidence of the four elements of negligence:
- The at-fault party owed you a duty of care
- The at-fault party breached their duty.
- The violation caused your injury.
- You suffered direct damages and losses due to the violation that financial awards could help recover.
Hire a Trustworthy Personal Injury Lawyer – Oklahoma Personal Injury Attorneys
If you’ve sustained an injury following an accident, you need to focus on recovering, not filing a personal injury lawsuit. Don’t take on a harrowing case on your own. Instead, contact our team of experienced personal injury attorneys at Bryan Garrett Law.
We’ll work with you from start to finish to help ensure that you receive the care, guidance, and representation you need. For more information on our services or to schedule a free consultation, please contact us today at Bryan Garrett Law in Oklahoma City at 405-369-4498.