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Who is Liable in my Personal Injury Case?

By October 28, 2020 No Comments

One of the most frequent questions we get asked is, who is liable for the damages in my personal injury case? The answer is – it varies with each case and sometimes there is more than one potential source of recovery. It is important to determine who is (and who isn’t) responsible to ensure you aren’t left without recourse for your injuries and damages.

At Fulmer Sill, we represent clients in all types of personal injury cases. Sometimes there is just one party that can be held responsible and other times it can be multiple parties. Those who are found responsible for negligence in your case, will be held liable for damages. Under Oklahoma law if there are multiple parties whose negligence contributed to your injury each is responsible for their respective percentage of contribution. For example, if two negligent drivers contribute to a collision and they are each determined to be fifty-percent (50%) at fault, then each is responsible for paying half of your damages.

When you work with our team, we will help guide you through this process to determine who is liable for your personal injury case. From there we will work to develop the best strategy to hold those responsible accountable.

Comparative Fault in Oklahoma

Sometimes a defendant in a personal injury case will argue that you are partially at fault for your injuries and losses. Oklahoma follows what is called a “modified comparative fault” rule, which still allows an at-fault plaintiff to recover a reduced portion of his/her damages. BUT, there is a catch. Up to fifty-percent (50%) your damages are reduced proportionally based on the percentage of negligence attributable to you. If you are determined to be more than fifty-percent (50%) responsible, then Oklahoma law bars you from recovering any damages. An experienced lawyer can help evaluate not just the other party(ies) negligence, but whether any negligence may be attributable to you, thus impacting your ability to recover damages.

Different Case Types = Different Potentially Responsible Parties

The potentially responsible parties vary widely depending on the type of case you have. It is important to discuss you case with an experienced attorney to determine what claims can be pursued and against whom you might be able to recover. Determining who is responsible often starts with first determining what type of case you have. Below is an example of just some of the cases our team handles.

  • Accidents and Personal Injury
  • Class Action Litigation
  • Dangerous Drugs and Medical Devices
  • Environmental Litigation
  • Bad Faith Litigation and Insurance Coverage
  • Product Liability

When you have your future on the line, you cannot afford to put your trust in an inexperienced attorney. At Fulmer Sill, we are proud to deliver superior assistance to all our clients. Trust our years of experience and resources to seek justice on your behalf.

If you or a loved one have been affected by a personal injury, we encourage you to consult with our team as soon as possible. Contact us today to get started with free case evaluation.

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