Oklahoma City, OK – After most serious accidents, the attorney for the plaintiff will have to bring a civil negligence case even if there is an insurance policy that covers the victim. This is a common type of civil lawsuit used after various kinds of injuries.
Negligence is established by showing that the defendant violated their standard duty of care, and caused some kind of harm or injury to the plaintiff. Each state has slightly different rules for negligence cases, so it is important for victims in Oklahoma to gain a basic understanding of these kinds of lawsuits and the rules specific to their state.
The elements of civil negligence cases
Negligence has a few basic elements that must always be shown. These are a standard duty of care based on the situation, a breach of that duty by the defendant, causation of the injuries, and damages or tangible losses.
Oklahoma law adds a few nuances to this structure. Causation must be shown specifically to be the proximate cause of the victim’s losses. This can include inaction by a defendant who could have avoided the incident or rendered assistance, as well as if the defendant should have known that their actions were likely to cause harm or an accident.
Comparative and contributory negligence
Oklahoma uses a way of dividing fault for any accident that is sometimes called modified comparative negligence. This means that any contributory negligence by the plaintiff will reduce their damages relative to their level of fault, rather than blocking their lawsuit entirely. However, if the plaintiff is found to have a greater level of fault than the defendant, they cannot collect any damages at all. This rule will allow plaintiffs who are partially responsible for their own injuries to collect some amount of money, however those who were mostly at fault for causing the accident will get no relief at all.
The specifics of any accident case
The advice of an experienced personal injury attorney is necessary to receive a more complete picture of how any specific accident lawsuit will proceed. For this reason, it is important for victims to schedule an initial consultation to find out if a lawsuit is necessary after their accident and determine how to proceed, along with the potential value of their case. The lawyer will handle all of the most important aspects of representation and give their client advice and updates as needed.
Learning more from a local attorney
USAttorneys.com is a site that simplifies the process of getting legal help after an accident. Anyone who needs to talk to a lawyer in Oklahoma City or other parts of the country can select their state and a practice area to get more information.