A car accident is always stressful. You worry about your injuries and your financial future. When you understand Oklahoma’s fault rules, you can better protect your claim.
Oklahoma is a “fault” state, meaning the party who caused the crash must pay for the resulting damages. However, a rule called “modified comparative negligence” controls how much you can receive.
What is the 50% rule?
Under modified comparative negligence, a percentage of fault is assigned to everyone involved in a wreck. Juries determine fault based on the evidence presented in a case. The percentage is crucial because it determines whether you recover any compensation and, if so, how much.
You must remember these crucial rules:
- If you are more at fault for the accident, you cannot recover any damages.
- If you are 50% or less responsible, you can still receive compensation. However, your fault percentage reduces your total award.
For example, if a jury awards you $100,000, but they find you 20% responsible for the crash, your final recovery would be $80,000. Predictably, insurance adjusters will aggressively try to shift the blame to you, so they pay you as little as possible or nothing.
Do other limits apply to compensation?
Personal injury claims seek financial compensation, or damages, which fall into two main types. Economic damages cover tangible financial losses, like medical bills and lost wages. Noneconomic damages cover intangible losses, such as pain and suffering or emotional distress.
No limit exists on economic and noneconomic damages, but that wasn’t always the case. The state previously placed a cap on noneconomic damages. However, in a 2019 ruling, the Oklahoma Supreme Court found the former $350,000 limit was unconstitutional.
While there is currently no general cap for those damages, some limits still apply to punitive awards. Juries rarely award punitive damages, which punish extremely negligent conduct. When granted, the amounts are typically based on the severity of the at-fault party’s misconduct.
Protect your claim and recovery
The percentage of fault is the most significant factor in your car accident claim’s success and value. Determining fault and protecting your right to fair compensation requires prompt legal action. A skilled car accident attorney fights for the full amount you deserve.
They can assist you by:
- Gathering and preserving crucial evidence at the accident scene
- Dealing with aggressive insurance adjusters who want to minimize your payout
- Calculating the full value of your claim, including future losses
Although Oklahoma’s deadline to file a claim is generally two years from the accident date, delaying legal help can weaken the evidence in your case.
