Personal injury cases can be complex, particularly when fault is shared among those involved. In Oklahoma, comparative negligence determines how compensation is allocated when more than one party is at fault. This legal principle could directly affect your settlement, whether you were involved in a car accident, slip and fall, or another injury-causing incident. Knowing how comparative negligence works and how fault is assessed will help you navigate the process more effectively.
Working with an experienced personal injury attorney is key to protecting your claim. At Nichols Dixon PLLC, we help clients in Norman and surrounding areas understand their legal options and advocate for fair compensation.
Call (405) 294-1511 or contact us online to schedule a consultation today.
What Is Comparative Negligence?
Comparative negligence is a legal principle that allocates fault among parties involved in an accident. Simply put, it determines how much each person contributed to causing the accident and adjusts compensation accordingly.
The purpose of comparative negligence is to create a fair system where damages are awarded based on each party’s level of fault. For example, if you were injured in a car accident but were partially responsible for the collision, your compensation will be reduced to reflect your share of the blame. Individuals are held accountable for their role while allowing injured parties to recover damages.
Oklahoma’s Modified Comparative Negligence Law
Oklahoma follows a modified comparative negligence rule under O.S. § 23-13.
This law includes a critical guideline known as the 50% rule:
- You cannot recover compensation for your damages if you are found 50% or more at fault.
- If you are 49% or less at fault, you can still recover compensation, but your award will be reduced based on your percentage of fault.
Oklahoma law decreases your recovery proportionally to your fault percentage, as outlined in O.S. § 23-14.
Example Scenario
Imagine you are awarded $10,000 in damages after a car accident but found to be 30% at fault. Under Oklahoma’s comparative negligence law, your compensation will be reduced by 30%.
To illustrate:
- $10,000 - ($10,000 x 30%) = $7,000 recovery.
However, if you were found 50% or more at fault, you would be ineligible to recover damages. This rule highlights the importance of minimizing your fault percentage when pursuing a personal injury claim.
Determining Fault
Fault is determined by analyzing evidence and assessing the circumstances surrounding the incident.
This process often includes:
- Reviewing accident reports
- Collecting witness statements
- Examining photos, videos, or other evidence from the scene
Dealing with Insurance Companies
Insurance companies often use comparative negligence to their advantage by claiming you are more at fault than you truly are. They may rely on partial evidence or misinterpret events to minimize your compensation. A skilled personal injury attorney is essential because of the challenges of seeking just compensation.
Common Scenarios Where Comparative Negligence Applies
The comparative negligence law applies in cases involving personal injury, wrongful death, or property damage where multiple parties share responsibility. These scenarios can arise in everyday incidents.
Accidents where comparative negligence comes into play include:
- Car accidents: Situations where both drivers share fault, such as one driver speeding while the other was distracted.
- Slip and fall accidents: A property owner failing to address a hazard while the injured person was not paying attention.
- Pedestrian accidents: A pedestrian jaywalking while a driver fails to yield or obey traffic laws.
- Wrongful death: Cases involving the loss of a loved one.
Understanding your role and gathering evidence to establish accurate fault percentages can affect your claim in these scenarios.
Steps to Protect Your Claim Under Oklahoma’s Comparative Negligence Law
Protecting your claim under Oklahoma’s comparative negligence law requires careful actions to determine fault accurately. Taking proactive steps and avoiding common mistakes can strengthen your case and protect your right to fair compensation.
To strengthen your claim and reduce your assigned fault percentage, consider the following steps:
- Gather and preserve evidence: Take photos of the accident scene, gather medical records, and collect witness contact information. Evidence is crucial in proving fault.
- Avoid admitting fault: Do not admit fault or make speculative statements at the accident scene. Let the evidence determine fault.
- Consult with a personal injury attorney: An attorney can review the evidence, advocate for fair fault assessment, and pursue just compensation.
Why Legal Representation is Critical in Comparative Negligence Cases
Oklahoma’s comparative negligence law can be complicated, and even a tiny shift in fault percentage can impact your recovery.
An experienced personal injury attorney can:
- Establish liability: Attorneys gather evidence to establish fault and minimize your responsibility.
- Protect you against insurers: Legal representation helps prevent insurers from unfairly shifting blame to reduce your compensation.
- Navigate complex legal processes: From filing your claim to negotiating settlements, an attorney handles the legal complexities so you can focus on recovery.
At Nichols Dixon PLLC, we have extensive experience handling personal injury cases in Norman, OK. We fight to protect your rights, prove liability, and pursue fair compensation.
Contact us at (405) 294-1511 to schedule a consultation and discuss how we can help you navigate Oklahoma’s comparative negligence laws.
