Oklahoma  |  Personal Injury

Legal Question

Asked on: 9/24/13, 10:51 pm

Is Oklahoma a contributory negligence state? If so, what other recourse may a plaintiff have to help pay medical bills that were incurred as a result of a personal injury?

1 Answer

Answered on: 9/25/13, 8:35 am by Paul Kouri

Oklahoma is no longer a contributory negligence state, but has adopted a modified comparative negligence regime. As long as the plaintiff's negligence does not exceed 50%, the plaintiff recovers in proportion to the Defendant's negligence. So if the plaintiff has damages of $100,000, but is found 30% at fault, the plaintiff may only recover $70,000 from the defendant. If the plaintiff's negligence exceeds 50%, there is no liability recovery, though the plaintiff may still have recourse to no-fault medical payments insurance coverage. Most policies do not provide much in the way of medical payments coverage though. $1000-5000 is typical. Also, the injured party may not have "standing" to enforce medical payments coverage. For instance, while an injured party has standing to enforce medical payments coverage under someone else's automobile policy (as long as the injured party is in the insured vehicle), our Supreme Court has held that a person injured at someone else's house or business does not have standing to enforce medical payments coverage under that person's insurance policy.

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