If you have been injured due to the actions of another, you may have the right to file a personal injury case in Oklahoma to seek compensation from the person responsible.
However, in order to have a personal injury case in Oklahoma, you must first prove that there was negligence on the part of the party who you hold responsible for your injuries.
Negligence
Negligence can only be established by the presence of the following four elements:
Duty
Firstly, a person must have had a duty under the law to act, or refrain from acting, in a certain manner. For example, motorists have a duty under the law to drive responsibly and to refrain from driving in a manner that would risk injury to other motorists, pedestrians or their own passengers.
Breach of Duty
Secondly, the person or persons who you hold responsible must have breached this duty to you under the law. A motorist, who has a duty to drive responsibly and to refrain from driving in a manner that would risk injury to other motorists, pedestrians or their own passengers, will have breached this duty if he or she runs a red light and crashes into your car, thereby causing injuries to persons involved.
Causation
Next, a person’s breach of duty must be found to be the proximate cause of your injuries, which means that your injuries must be the direct result of his or her breach of duty. You cannot, for example, be compensated for injuries that occurred due to a prior incident.
Damages
Along with breach of duty, damages are the most important element needed for a personal injury case in Oklahoma, because you have no personal injury case at all without them.
In order to have a personal injury case in Oklahoma, you must have suffered some sort of damage to your person or property. This damage can be economic, such as medical expenses, the loss of wages and damage to property, or noneconomic, such as pain and suffering, emotional trauma and loss of quality of life.
Still not sure if you have personal injury case in Oklahoma?
If you are confident that you can prove that the person whom you hold responsible acted negligently, as demonstrated by the presence of the four elements above, you must then decide if a personal injury case in Oklahoma is worth pursuing. After all, a jury is not likely to award you much money for small injuries or minor damage to your property, so you are likely to spend more money in terms of court costs and legal fees to take a case like that to court.
So, you can say that you don’t have a personal injury case unless the damages you have sustained warrant you being compensated in excess of what you will spend to take the case to court. If the benefits of pursuing your personal injury case in Oklahoma outweigh the costs associated with it, then it would be advisable to consult with an experienced personal injury attorney about pursuing your claim for compensation.
Initial Strategy Session: Tulsa, Oklahoma Personal Injury Attorney
If you have been injured due to the actions of another, you should consult with an experienced Tulsa personal injury attorney to determine if you have a personal injury case in Oklahoma.
For a low-cost, private consultation, call a Seventh Street Tulsa Law Firm Tulsa Attorney at (918) 932-2777. If you prefer e-mail correspondence, please send your question or inquiry using the form at the right side of this page.
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