Accidents are usually caused by a mix of circumstances, and it is not uncommon for a person injured in an accident to be partly responsible.
Fortunately, if you are facing expensive medical treatment and lost wages as a result of being involved in an accident, you can still seek injury compensation in Oklahoma City if you were partially at fault.
States fall into two different categories in regards to personal injury claims:
- Contributory negligence
- Comparative negligence
Contributory Negligence
In states in which contributory negligence is followed, a person who is 1% at fault or more will not be able to seek injury compensation. Only a few states follow this theory of negligence, though.
Comparative Negligence
The majority of state law follows the theory of comparative negligence, under which you can still seek injury compensation if you were partially at fault, but the amount of injury compensation you are entitled to will be reduced by your percentage of fault.
For example, if you are found to be 20% responsible and a second party 80% responsible, you will be entitled to be reimbursed by the second party for 80% (a 20% reduction) of the damages you have sustained. This approach is in contrast to you losing your right to any injury compensation under the theory of contributory negligence.
Injury Compensation in Oklahoma City
Oklahoma follows a form of comparative negligence referred to as modified comparative fault-50% bar. As it is followed, if you are found to be 50% at fault or more, you will be barred from receiving any injury compensation for your injuries. On the other hand, if you are 49% at fault or less, you can seek injury compensation at an amount reduced by your own percentage of fault.
For example, if you are found to be 45% at fault, you can seek 55% of your damages as injury compensation; but if you are 51% at fault, you will not be able to seek compensation at all.
Conclusion
You can seek injury compensation in Oklahoma City if you were partially at fault by less than 50%. However, your injury compensation in Oklahoma City will be reduced by your actual percentage of fault. If you are more than 50% at fault, you cannot seek injury compensation in Oklahoma City.
Free Consultation and Case Evaluation
If you or your loved ones have been injured in an accident where you are partly at fault, an experienced personal injury attorney can help you seek the maximum amount of injury compensation to which you are entitled. A call to Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.
For a free, no-risk consultation with a knowledgeable Oklahoma City personal injury attorney, call today: (405) 716-4878 (716-HURT).