If you are looking to file a personal injury lawsuit in Oklahoma, then there are a couple of things that you need to know before you get started. Beyond the basics, you need to understand exactly what laws your state has on the books. Many of these laws can vary dramatically from state to state, which means that a strong case in California might be laughed out of court in Alabama. To help you better understand how Oklahoma will rule in your lawsuit, here are some of the laws in question:
The Statute of Limitations
Your first concern is almost always going to be the statute of limitations. No matter how great your case is, if you don't file it on time, then you are almost certainly going to lose. In Oklahoma, you need to file within 2 years of the accident, regardless of whether you were bit by a dog, in a car accident, or a victim of medical malpractice.
However, there are some extenuating circumstances that can come into play, resulting in a potential extension. If you were a minor at the time of the accident, then you can file within 2 years of legally becoming an adult, rather than within 2 years of the accident. Similarly, if you just didn't discover the extent of your injuries until many years after the fact, then you can often file within 2 years of the discovery.
One of the other big laws that you will encounter is comparative negligence. Oklahoma has laws that are quite similar to many other states in this category, with two basic elements that you need to be familiar with.
Firstly, the state is going to judge you based on how much responsibility you bore in the incident. If you were partially to blame, perhaps by acting out of negligence, then the court will actually reduce your compensation. In most cases, this is done proportionally, so if you were 20% to blame, then you would only get 80% of the money that you asked for.
The second part is a bit more important, which is that your case might be dropped entirely if you are found to be more than 50% responsible. If you are found to be 20, 30, or even 40% responsible, then you will get a little less money, but your case will still be on track for some compensation. If you exceed 50%, then you are pretty much out of luck.
To learn more, contact a law office like Gomez May LLP.Share