If you are injured in an accident in Oklahoma that is not your fault, you may be entitled to recover compensation for your damages. But what if the accident was partially your fault?
Oklahoma follows a modified comparative fault model that allows you to recover damages if you are less than 51% at fault. However, your compensation will be reduced by the percentage of fault assigned to you. If you are 51% or more at fault, you will be barred from securing compensation for your damages.
Being represented by an experienced Oklahoma personal injury attorney with a proven record of success can make all the difference in the outcome of your case. At Warhawk Legal, our Oklahoma City injury lawyers will protect your rights and work to secure maximum compensation for your damages. Call (405) 397-1717 or visit our contact page and schedule a free consultation to discuss your accident claim.
Oklahoma’s Comparative Fault Law
Oklahoma Statutes §23-13 outlines the state’s comparative fault law and states:
“In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage.”
If the accident or incident that caused your injuries or damages was partially your fault, you are not barred from recovering damages unless your degree of negligence was greater than the negligence or fault of the other defendants combined. If your proportion of fault exceeds 50%, you will be barred from recovering compensation for your damages.
Oklahoma Statutes §23-14 outlines how your contributory negligence affects your compensation when you are less than 51% at fault, providing:
“Damages diminished in proportion to contributory negligence. Where such contributory negligence is shown on the part of the person injured, damaged or killed, the amount of the recovery shall be diminished in proportion to such person’s contributory negligence.”
Accordingly, your compensation will be reduced in proportion to your degree of negligence. For example, if your damages total $100,000 and your degree of negligence is determined to be 40%, you could still recover $60,000 after deducting your percentage of fault.
How Warhawk Legal Can Help You in a Comparative Fault Case
Liability is not always as it first appears. Our experienced Oklahoma City auto accident attorneys will carefully investigate your accident to identify all possible causes and potentially liable parties.
We will work diligently to avoid or minimize any fault assigned to you and strive to maximize your compensation. In doing so, we often collaborate with medical and economic experts to accurately establish and value your current and future damages, helping you achieve the best possible recovery.
Our attorneys are excellent negotiators who know how to combat the tactics used by insurance adjusters to devalue your claim. We will present your best claim and stand firm, demanding the full and fair compensation you deserve.
Contact Warhawk Legal Today
If you have been injured in an accident that was partially your fault, we want to help you recover maximum compensation for your damages. Call (405) 294-1243 or complete the short form on our contact page to schedule a free consultation to discuss your accident claim.