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Personal injury cases in Oklahoma cover a wide range of scenarios, from car accidents to slip and fall accidents, to medical malpractice, product liability, and many others. When someone gets injured as a result of someone else’s negligent actions, they have the right to seek compensation for their damages.
To make a successful claim, an injured person needs to prove that the defendant was negligent in some way, which means that they breached a duty of care that they owed to the plaintiff. The duty of care varies depending on the situation, but it generally means that the defendant needed to act reasonably under the circumstances.
One of the most common types of personal injury claims in Oklahoma is car accidents. According to the Oklahoma Highway Safety Office, there were more than 67,000 car crashes in Oklahoma in 2019, resulting in over 26,000 injuries and more than 600 deaths. Many of these collisions were caused by drivers who were drunk, distracted, or simply not paying attention.
In these cases, the injured party would typically file a claim with the at-fault driver’s insurance company. If the insurance company refuses to make a reasonable settlement offer, the injured person may need to file a lawsuit to recover their damages. In Oklahoma, the statute of limitations for personal injury lawsuits is two years from the date of the accident, so it’s important to act quickly to protect your rights.
Another common type of personal injury case in Oklahoma is slip and fall accidents. These types of accidents can happen in any public or private space, and they often occur when property owners fail to maintain their premises in a safe condition. For example, if there is a wet floor in a grocery store that has no warning signs, and someone slips and falls as a result, the property owner may be liable for the person’s injuries.
In these situations, the injured person will usually need to show that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to fix it. This can be a challenging burden to meet, but with the help of an experienced personal injury attorney, it may be possible to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
When it comes to personal injury law in Oklahoma, there have been several notable court cases that have helped to shape the legal landscape. For example, in the case of Winchester v. Winchester, the Oklahoma Supreme Court ruled that a person can be held liable for negligently causing the death of an unborn child. This decision recognized the legal rights of fetuses in Oklahoma and has been cited in many subsequent cases involving prenatal injuries.
In another case, Teel v. Rollins, the Oklahoma Supreme Court clarified the standard for determining the admissibility of expert testimony in personal injury cases. This ruling made it easier for plaintiffs to call expert witnesses to testify on their behalf, which can be crucial in complex cases involving medical malpractice or product liability.
Overall, personal injury law in Oklahoma can be complex, and it’s important to consult with a qualified attorney if you’ve been injured due to someone else’s negligence. With the right legal representation, you may be able to recover the compensation you need to move forward after a serious accident or injury.
