Accidents are often caused by a mix of circumstances, both within and beyond your control. It is not uncommon for a person injured in an accident to be partially responsible. Fortunately, in Oklahoma those facing expensive medical treatment and lost wages as a result of being involved in an accident can still be compensated for their injuries even if they bear part of the responsibility for the accident. Suffering a personal injury can be an emotionally and physically trying time for you and your family, and an experienced personal injury attorney can advocate for you regardless of your responsibility in an accident.
In determining compensation for personal injuries, state law falls into two different categories in regards to personal injury claims:
1. Contributory negligence.
2. Comparative negligence.
Contributory Negligence vs. Comparative Negligence
In states in which contributory negligence is followed, a person who is 1 percent responsible or more will not be entitled to compensation for his or her injuries. Only a few states follow this theory of compensatory damages, though.
Other states follow the theory of comparative negligence, under which the amount of compensation you are entitled to will be reduced by your own percentage of fault for the accident. For example, if you are found to be 20 percent responsible and a second party is 80 percent responsible, you will be entitled to be reimbursed by the second party for 80 percent (a 20 percent reduction) of the damages you have sustained. This result is in contrast to you being entitled to no compensation at all under the theory contributory negligence.
Oklahoma
Oklahoma follows a form of comparative negligence referred to as a modified comparative fault-50% bar. As it is followed, if you are found to be 50 percent at fault or more, you will be barred from receiving any compensation for your injuries. On the other hand, if you are 49 percent at fault or less, you will be entitled to compensation for your injuries at an amount reduced by your own percentage of fault. For example, if you are found to be 45 percent at fault, you will be entitled to 55 percent of your damages as compensation, but if you are 51 percent at fault you will not be entitled to compensation at all.
Summary
To summarize, in Oklahoma you are entitled to compensation for your injuries only when you are found to be less than 50 percent responsible for the accident in which they were caused. However, the amount of compensation you are entitled to will be reduced by your own percentage of fault.
If you or your loved ones have been injured in an accident where you are partly responsible, an experienced personal injury attorney can help you obtain the maximum amount of compensation that you are entitled to receive.
Low-cost Consultation: Sapulpa Personal Injury Attorney
For a initial consultation with a Sapulpa personal injury lawyer, call the Wirth Law Office – Sapulpa at (918) 248-0067 or toll-free at (888) 947-8452 or submit the question form at the top right of this page. Either way you reach out to us we will promptly respond to your legal concerns about your unique personal injury situation.
