How Does Oklahoma Handle Shared Fault in Injury Claims?

  • If you’ve been injured in an accident, the physical and emotional trauma can be unbearable. You may be out of work for months without any steady source of income to help pay for your medical expenses. When you know that someone else was partially at fault for your injuries, the recovery process can seem impossible, but what can you do when you were also at fault for your accident?

    Oftentimes, victims avoid filing personal injury claims when they know they shared fault for the accident because they think they won’t be entitled to compensation for their suffering. Thankfully, in the state of Oklahoma, this isn’t the case. With the help of a personal injury lawyer from Talley Turner Bertman, you can fight for the compensation you deserve even if you’ve shared fault.

    The Modified Compared Negligence Law

    Oklahoma has a modified comparative negligence law that states that even if you're partially at fault for causing an accident, you still have the right to file a claim for the damages you've suffered. Once your percentage of the fault has been calculated, this percentage will be taken out of your overall settlement amount.

    For example, if you’re found to be 10 percent at fault for causing the accident and your settlement amount is $100,000, then you’ll ultimately receive $90,000 in settlement money.

    The modified comparative negligence law protects everyone involved in the accident because it allows everyone to file for compensation for their injuries but also keeps one person from being held fully liable for all of the damages.

    Reach Out to an Oklahoma Personal Injury Lawyer

    If you've been injured in an accident, the recovery process can be brutal. You shouldn't hesitate to seek compensation for your injuries even if you shared fault in causing the accident. At Talley Turner Bertman, our experienced attorneys can negotiate on your behalf and work to maximize your claim amount by using comparative fault in your favor.

    If you’re ready to speak with an Oklahoma personal injury attorney about your case, you can contact us for a no-obligation consultation by calling 405-254-8548 or by visiting our website for more information.