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How comparative negligence may affect compensation award

On Behalf of | Nov 25, 2020 | Personal Injury

No one is invincible in Oklahoma and people get hurt from time to time. The severity of the injury can vary greatly though from simply having a bruise or small cut to permanent injuries such as spinal cord injuries or traumatic brain injuries. How the injuries occur can vary greatly as well. Sometimes people are hurt because of their own carelessness, but many others are injured due to the negligence of the other people, such as another driver running a red light or other negligent acts.

The injuries regardless of how people are injured can cause significant physical problems that can potentially change their lives, but they can also be very costly as well. Medical bills add up quickly when people have surgeries, lengthy stays in hospitals and rehabilitation. People may not be able to work as well and lose income. People who are injured by other people though may be able to receive compensation from the person who caused the accident or injury for medical bills, lost income and other damages.

Principles of comparative negligence

While people injured in accidents may be able to receive compensation for the damages they suffer, that award could be reduced due to what is called comparative negligence. If the victim of the accident was also negligent and had a role in causing the accident the damages can be reduced based on the percentage of fault of the victim. For example, if the total damages were $100,000 and the victim was 25% at fault, the award would be reduced by 25% or in this example $25,000.

There are many accidents in Oklahoma each year and many result in injuries for the people involved. There are many accidents though that are caused by just one individual or mostly caused by one individual. In these situations, the victim may be able to receive compensation for their injuries, but the amount they receive depends on a number of factors. These can be complicated and fact-specific matters though and consulting with experienced attorneys could be beneficial.



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