Personal injury lawsuits involving broken bones consider several factors to determine liability and compensation:
1. Medical Expenses
Medical records and bills are key in these cases. Costs for treatments like X-rays, surgeries, or physical therapy often form the bulk of a claim. Long-term therapy or chronic pain management for severe injuries can increase compensation significantly.
2. Pain and Suffering
Damages for physical and emotional distress are subjective but important. Oklahoma courts consider prolonged pain or reduced quality of life when awarding non-economic damages.
3. Lost Wages and Future Earning Potential
Fractures that prevent work, either temporarily or permanently, can justify claims for lost wages. Severe injuries affecting mobility or mental functions may also impact future earning capacity. Courts often review salary history and expert testimony to assess economic damages.
4. Long-Term Impacts
Permanent disability, chronic pain, or lifestyle adjustments like relying on mobility aids can increase compensation. Courts also consider how the injury affects daily activities or hobbies when awarding damages.
Legal Considerations in Oklahoma
Statute of Limitations
Oklahoma law imposes a two-year statute of limitations for filing personal injury lawsuits, which means you must initiate legal action within two years of the accident. Missing this deadline may result in losing your right to seek compensation.
Comparative Negligence
Oklahoma follows a modified comparative negligence rule, which allows a victim to recover damages even if they are partially at fault—provided they hold less than 51% of the blame. The awarded compensation is reduced in proportion to the victim’s degree of fault. For instance, if the victim is deemed 20% responsible for the accident, their compensation will be reduced by 20%.
How Damages Are Calculated
Oklahoma allows victims to seek both economic damages (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering, emotional distress). While there is no cap on most damages in personal injury cases, there may be limits in specific cases, such as medical malpractice claims. Additionally, courts may award punitive damages in extreme cases of gross negligence, though these are rare.