Modified Comparative Negligence in Oklahoma
When you’re involved in an accident or suffer property damage, you may be able to seek legal compensation for your damages. In Oklahoma, modified comparative negligence laws determine how much, if anything, accident victims may recover.
This is where the Aizenman Law Group comes in. Our team of experienced Tulsa attorneys knows Oklahoma’s negligence laws and how insurance companies often use them to their advantage. We don’t let insurers get away with lowball offers and unfair fault assessments.
In this blog, we’ll discuss Oklahoma’s modified comparative negligence laws, how they differ from those in other states, and their impact on your claim. Aizenman Law Group will handle your claim with the utmost diligence and empathy.
What is Negligence?
Negligence is the failure to act with reasonable care to avoid causing injury or loss to another person. It is a common cause of action for personal injury and auto accident attorneys to bring. Proving negligence means establishing four legal elements, including:
- Duty of Care: The defendant owed the plaintiff a legal duty
- Breach of Duty: By act or omission, the defendant failed to uphold their duty
- Causation: The defendant’s act of omission actually and proximately caused the plaintiff’s injury
- Damages: The plaintiff suffered a legitimate injury or loss.
At Aizenman Law Group, we diligently work to establish these elements in every case we handle. Our top priority is holding negligent parties accountable for their actions. Whether you’re working with one of our auto accident lawyers or a motorcycle accident lawyer, we build strong cases that maximize your compensation.
What is Modified Comparative Negligence?
Oklahoma uses a modified comparative fault system to assess liability for accidents resulting in damages. You can recover damages for an Oklahoma accident even if you were partially at fault. Your percentage of fault will proportionately reduce the percentage of damages you receive. You are barred from recovering if you are over 50% responsible for the accident.
Example: John is involved in a severe car accident that causes substantial damage to his vehicle. After the trial, the jury determined that John was 60% responsible for the accident. Although John suffered significant damages and the accident wasn’t entirely his fault, he cannot seek legal compensation in Oklahoma.
Contrast this with pure comparative negligence states. In these states, you can recover damages even if you were more than 50% responsible for the accidents. While your damages are still reduced based on your percentage of fault, no threshold prevents you from recovering compensation. Even parties found 90% or 99% at fault could still recover a portion of available damages, albeit significantly reduced.
Can I Handle My Claim Without a Lawyer?
Accident victims commonly ask whether they can handle their insurance claims alone. At first glance, it might seem straightforward: you provide evidence of the accident, the insurance company assesses the damage, and they pay out a fair settlement.
That’s rarely how it works. Handling your claim without an attorney leaves you vulnerable to deceptive tactics that insurance companies and defense attorneys are trained to use. For example, they may ask you to give a recorded statement only to use that statement against you.
Insurance companies are profit driven. Their goal is to pay out as little as possible. One of the ways they do this is by trying to shift the blame onto you. They work tirelessly to prove that you were at least 51% at fault so they can avoid paying any compensation.
Why Aizenman Law Group Is Your Best Option
Aizenman Law Group brings a unique advantage to the table. Our attorneys are former insurance defense lawyers. We know every trick in the book because we’ve been on the other side.
Insurance companies undermine your claim by:
- Downplaying your damages
- Disputing your version of events
- Using partial or misleading evidence
- Bringing in their own experts to reinterpret the accident
One of the most frustrating tactics insurance companies use to their advantage is delaying the claims process. Delay tactics pose significant hardship for accident victims dealing with medical bills, vehicle repairs, or lost income. Delay tactics are designed to make you accept a lower settlement.
We won’t let them get away with it. We’ll conduct thorough investigations that put you in the best position to get the compensation you deserve. Our team is ready to assist you with any personal injury claim, whether an auto accident, truck accident, slip-and-fall, or anything else.
How Aizenman Law Group Proves the Responsible Party
Insurance companies often use aggressive tactics to blame you to reduce or deny your claim altogether. At Aizenman Law Group, our attorneys begin by thoroughly investigating the accident. This includes collecting critical evidence such as photos, videos, and accident reports. When necessary, we speak to witnesses and bring in expert witnesses to provide a detailed analysis of the incident.
Steps of the legal process we assist with include:
- Collecting evidence
- Insurance negotiations
- Drafting pleadings and motions
- Attending court on your behalf
- Questioning witnesses at depositions
- Oral arguments
- Trial
Insurance companies often use selective evidence or biased reports to minimize the damages they owe. We don’t let these tactics go unchallenged. With our background in insurance defense, we dismantle these strategies and hold the responsible party accountable.
How Much Does a Personal Injury Attorney Cost?
How much your legal representation costs depends on several factors. Fortunately, our firm works on a contingency fee basis. This means that you don’t pay unless we win. Contingency fees allow plaintiffs facing serious financial turmoil access to our premier Tulsa law firm.
Act Quickly to Preserve Your Negligence Claim
In Oklahoma, negligence victims have two years to bring a legal claim from the accident date. Failure to adhere to this timeline
will result in forfeiting your legal claims. The longer you wait, the less evidence will be available. For these reasons, you should contact Aizenman Law immediately following your accident. Our team is always available online or over the phone. Contact us today to discuss your legal options.
