Understanding Comparative Negligence in Oklahoma Personal Injury Cases

Determining fault is a critical aspect of the personal injury claims process. Identifying who is at fault and by how much will be a primary factor in having success with the claims process and recovering compensation. 

Each state follows a fault system. For instance, the comparative negligence system allows individuals in an accident to recover compensation even if they were responsible for some percentage of fault for causing the accident. For example, in a comparative negligence state, when a car accident happens, if one party is deemed to be 15% responsible for causing the crash then the compensation they can recover will be less 15%.

Oklahoma follows a modified comparative negligence system. Here, a party that has some blame for causing an accident can only recover compensation as long as they are not 50% at fault or more. So individuals who are 49% or less responsible for causing a crash can recover compensation, but those 50% or more cannot receive any financial compensation for their damages.

Insurance companies will try several tactics to avoid having to pay claimants for their damages. This means you should expect that, in Oklahoma, because of the modified comparative negligence system, an adjuster will do what they can to bar you from recovery by arguing your level of fault was at that 50% and above threshold. Having an attorney on your side helping you manage communications and negotiations with the insurance adjuster is how you can protect yourself and your rights to the compensation you are entitled to.

The Oklahoma City personal injury attorneys at the Putnam Law Office understand the modified comparative fault system as well as the way that insurance companies work to undermine claims. When the legal team at the Putnam Law Office works on a claim, they stay focused on helping claimants achieve the best possible results.

An injury accident is not always clear when it comes to figuring out who is responsible and by how much. Your attorney can investigate your injury accident and gather all of the evidence and information that shows who is actually at fault for it happening. Sometimes, accident scenes can be very complex and require an accident reconstructionist or the account of witnesses. Whatever it takes to get to the desired outcome will be the priority of your attorney.

It is helpful to understand the state laws that govern how fault is defined when an injury accident takes place. This is because the system used will affect your claim. It is also important to know the basic position of all insurance companies which is to avoid paying claimants or providing a very low initial offer just to close a claim. Typically, the first offer by an insurance adjuster is their lowest and not their best.

Speak to an Attorney at the Putnam Law Office Today

The modified comparative negligence system in Oklahoma means that even if you have some fault in how your accident occurred, you can recover compensation as long as you were not mostly responsible for causing it. Being fairly compensated when you are harmed in an injury accident is essential. An attorney can help you with this.

Call the Putnam Law Office today to schedule a free consultation at (405) 849-9149.