The typical personal injury case is based on an accusation of negligence. It is a failure to meet certain obligations, resulting in harm to another person. The other type of personal injury claim is related to intentional tort, which is a deliberately harmful action such as assault. This article will focus on negligence claims – by far the more common of the two.
If your life has been affected by another party’s careless decisions, it is only fair for you to receive some kind of repayment. An Oklahoma personal injury lawyer from the Abel Law Firm can help you with every step of filing a personal injury claim. Call our offices today at 1-800-739-ABEL.
The Elements of Negligence
You may be able to win compensatory damages from a person or entity that has harmed you if all of the following apply:
- The other party owed some level of care to you. The precise level of care will depend on his, her, or its relationship to you. For example, professionals have an obligation to meet the established standards of their fields, while businesses have an obligation to ensure their visitors are as safe as they reasonably can be.
- The other party failed to meet this level of care. This can also be simple or difficult to prove, depending on the details of your case. You may or may not need evidence that the other party knew their actions were dangerous, depending on your relationship to them.
- This failure directly led to your injuries. There may have been other factors in your accident, including your own actions. However, you only have a case against the other party if their actions were the primary cause of the accident.
- You have suffered significant injuries. A common defense against negligence claims is to argue that the plaintiff was not actually injured. You may need extensive documentation of the harm you have suffered to be successful.
Each of these criteria can be affected by many complicated factors. To maximize your chances of success, you will need legal counsel from an experienced Oklahoma personal injury attorney.