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Personal Injury Law in Oklahoma
Comparative Negligence: Oklahoma follows a modified comparative negligence rule. If you are found to be 51% or more at fault for your injuries, you are not eligible to recover any damages. If you are less than 50% at fault, your total damages will be reduced by your percentage of fault.
For more information about personal injury law(s) in the state of Oklahoma. Be sure to send us a message or visit our website.
@caseassist
Reference(s)📙:
Oklahoma Legislature, Oklahoma Statutes, retrieved from: http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os23.pdf
*Note: Through the rulings in higher courts (including federal decisions), the passage of new legislation, ballot initiatives etc. Laws governed by the state are always subject to change. While we work hard to offer the most up to date details as possible. We highly recommend consulting with an attorney or conducting your own legal research, to confirm the law(s) within your state.
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An Overview of Comparative Negligence
Stepping into the legal world? Here's why you need to understand 'Comparative Negligence.' It's a principal in tort law, that modernizes how fault is determined. Gone are the days of one-sided blame, with absolute fault or harsh contributory negligence rules.
Enter Comparative Negligence, the equitable approach to shared responsibility. It acknowledges that both parties can contribute to an incident. Allocating liability in a fair proportionate manner.
Two main types dominate U.S. law: 'Pure' and 'Modified.' In 'Pure,' you can claim damages even if you're 99% at fault! 'Modified' requires the defendant to be at least 50% or 51% at fault.
Why is this important? Mostly because it influences everything from settlement negotiations to courtroom strategies. Legal professionals often use it to tailor defense or plaintiff strategies, making expert guidance crucial.
Get informed, be prepared and ensure a balanced fight in court. Comparative negligence is your key, to unlocking more equitable resolutions in the legal world. ⚖️🔑
For further details on comparative negligence in the state of Oklahoma, Arizona, Pennsylvania, Missouri and more. Be sure to send us a message or visit our website.
@caseassist
Reference(s)📙:
Emily Lynch Morissette, Aspen Publishing / Wolters Kluwer (2020), Personal Injury and The Law of Torts for Paralegals. (5th ed.), p. 128-134. ISBN 9781543810837
*Note: Through the rulings in higher courts (including federal decisions), the passage of new legislation, ballot initiatives etc. Laws governed by the state are always subject to change. While we work hard to offer the most up to date details as possible. We highly recommend consulting with an attorney or conducting your own legal research, to confirm the law(s) within your state.
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