When it comes to personal injury compensation, Oklahoma is a “modified comparative fault” state. This means that you are still able to recover compensation for the accident even if you are found to be partially at fault. If you have any questions, you should consult with an experienced Stillwater injury attorney to discuss the facts of your case. Call our office today to schedule a free consultation.
Modified Comparative Fault | What Does it Mean?
In Oklahoma, they use what is called modified comparative fault. Essentially, what this rule does is it allows for there to be shared fault. In some states, if you are even a little bit at fault, 1%, you cannot bring a claim. You would be completely barred from filing a personal injury claim. In Oklahoma, thankfully, there is some leniency. The only way you will NOT receive compensation is if you have 50% fault or more for the accident. In theory, if you were only 20% at fault, you will be able to file a claim. The only limitations with having that 20% fault is how much you can recover in damages. Let’s say you would be awarded $15,000. Because you were 20% at fault, your compensation is reduced. You would not be winning the full amount. You would receive 20% of $15,000 which is $12,000. Getting an attorney involved early on can help you avoid costly mistakes that the insurance company can use to make you seem more at fault than you really are. While you may have two years from the date of the accident to file a claim, you should not wait that long to hire an attorney. It will make it very difficult for them to get you the compensation you deserve.
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Modified Comparative Fault | Hire an Attorney
How do you select an attorney to deal with a personal injury case? Well, you need to find an attorney who is experienced in dealing with your particular case whether it be a car accident, dog bite, or a slip and fall. You need to find an attorney who understands how important it is to have good healthcare providers and get you to those healthcare providers. You need to find an attorney that understands that you’re going to be laid up for a while and you can’t work, and they have to have some compassion for you. You have to find an attorney who will hire an investigator and work hard for you, do focus groups and make sure that he does everything in his power to frame this case in a way that maximizes your recovery. As you look for attorneys, ask them how many cases they’ve handled, ask them how many jury trials they’ve handled, and you need to select the one that has the experience you need and the one that you feel the best about.
If you are in serious pain, dealing with piling medical bills, and have an insurance company pestering you for a statement, you should talk to a lawyer. Call an experienced Stillwater personal injury lawyer at Murray Law Firm today for a free consultation. You can focus on recovery while James Murray takes on your case and fights to get you the compensation that you deserve for your injuries and damages.