The Grounds for Personal Injury Claims in Oklahoma
In order to be able to file a personal injury claim in Oklahoma you must have the grounds to do so. This means that the person who wishes to file a claim must have a foundation, reason or basis on which the claim is to be filed. To put it simply, a person cannot file a personal injury lawsuit without reason. While any lawyer can look at your case, it is a good idea to find one that specializes in personal injury law in Oklahoma to review your case to determine what potential grounds exist before you move forward with your lawsuit.
Personal injury claims can be categorized into three primary grounds. The three grounds are listed below as well as an example of each to give a clear idea of what they are:
Negligence — This would be when someone has failed to act with proper caution or care under the circumstances, and is the most common reason for personal injury claims. An example of negligence would be if a driver of a car were speeding, driving under the influence or driving while distracted and caused a car accident. Each person who is driving a car has the responsibility of paying attention to the road, what is happening around him or her, while also obeying traffic laws. If an individual is injured by a negligent driver in a car accident, they may have grounds for a personal injury claim against the driver.
Intentional Conduct — This type of personal injury claim can be filed if a person acts with the intention to cause harm. A common example of intentional conduct would be assault. If one person intentionally attacks another person with the intent of causing physical harm, this could give the victim the grounds for a personal injury lawsuit and the attacker could potentially face criminal charges.
Strict Liability — There are certain situations where a person or entity could be held responsible for another’s injuries despite the specific intent or negligence. An example of this would be a manufacturer. Manufacturers are required to produce products that are free from defects and possess proper instructions and warning labels. If a toy is defective and a child is injured, the family could be able to file a personal injury claim without having to prove intent or specific actions on the part of the manufacturer.
While you may have an idea of which grounds your claim would fall under, it is best to discuss your case with a lawyer specializing in personal injury claims so you can have the best chance of winning your case. Call Andrew R. Carruth, PLLC today to discuss your case.