At the law firm of Frasier, Frasier & Hickman, LLP, our mission is to fight for the rights of people like you

How will my own fault affect my car accident claim?

A car accident can drastically change your life. It can leave you with serious injuries that are painful and require extensive and costly medical treatment. In the worst cases they can leave you with a long-term disability. Making matters worse is the fact that many car accident victims are unable to work while they recover from their injuries, and their future earnings capacity can be greatly diminished. In other words, a car accident can leave you with severe physical, emotional, and financial damages.

The good news is that you might be able to recover compensation for your damages if you are able to prove that another driver’s negligence resulted in your accident and, thus, your injuries. That will require putting forth evidence to support your claim, but you have to be careful not to overlook what the defense will argue in return. Anticipating their arguments is crucial because failing to do so could diminish your ability to recover damages, or it could bar you from recovering damages altogether.

This is because Oklahoma recognizes comparative negligence. Under the law, the damages awarded to you can be reduced by your percentage of fault. If you are found to be more at fault than the person you are suing, or the cumulative percentage of multiple parties if you are suing more than one person, then you won’t be able to recover any damages. So, in order to succeed in recovering compensation, you need to not only present evidence of another’s negligence, but you also have to be prepared to play defense. This is the only way to maximize your chances of recovering what you need to properly address your losses.

If you’ve been injured in a car accident, then you’ve got a lot to deal with. The mere thought of taking legal action might stress you out, but that shouldn’t prevent you from moving forward with a claim. This is because qualified legal professionals stand ready to assist you with every aspect of your case, even those that are often overlooked.


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