Across the country, personal injury includes accidents and other incidents causing physical injuries, including auto accidents and slip and fall, as well as situations and incidents that cause financial injury such as property damage or identity theft.
Time limit to file
The time limit for filing your lawsuit is called the statute of limitations. In Oklahoma the statute of limitations for most types of personal injury cases is two years.
While a deadline may seem like a straightforward concept, the statue of limitations can be a complicated aspect of your case. For instance in medical malpractice cases the time is calculated from the date that the injury is discovered or should have been discovered, instead of the date on which the injury was caused. If the injured person is a minor child the rules get even more complicated.
An experienced personal injury attorney knows and understands the complexities of the statute of limitations and can prevent you from losing your rights by making sure that you do not miss this important deadline.
Modified comparative negligence
If your own negligence contributed to your accident or injuries, you may still have a case. In Oklahoma, modified comparative negligence applies. As long as less than half of the responsibility falls on you, the other responsible party, or parties, can be held liable for their portion of the blame.
Several liability means that if you sue more than one party for your injuries, and win, you will have to collect from each party separately. Each person who is found liable for your injuries can be held responsible for their share of compensation and their share only.
Punitive damages are used as punishment for the person who harmed you. They are not compensation for your injuries. In Oklahoma, the amount of punitive damages to which you are entitled depends on the conduct of the defendant.
A reckless disregard for your rights will limit punitive damages to $100,000 or the compensatory damages. Conduct that was intentional and malice can be punished with up to $500,000 or twice the compensatory damages. If that intentional and malicious behavior was threatening to human life, there is no limit.
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and other damages that do not directly cost you money. In Oklahoma, there is a cap of $300,000 on non-economic damages in medical malpractice cases.
If you or a loved one has been injured in Oklahoma, please contact one of our Oklahoma personal injury lawyers for a free claim evaluation.