Muskogee Lawyer BlogHow To Receive Compensation For Your Injuries In Muskogee Even If You Are Partly To Blame

compensationBe compensated your medical bills and lost income after being injured in Muskogee, Oklahoma. Find out what is required for you to bring a claim against those who are to blame for your injuries, even if you share some of the blame.

Compensation For Your Injuries In Muskogee Even If You Are Partly To Blame

Accidents are often caused by a mix of circumstances, both within and beyond your control. It is not uncommon for a person injured in an accident to be partly responsible. Fortunately in Muskogee, Oklahoma, those facing expensive medical treatment and lost wages as a result of being involved in an accident can still be compensated for injuries they have suffered in Muskogee even if they are partly to blame.

States fall into two different categories in regards to personal injury claims:

  1. Contributory negligence states

  1. Comparative negligence states

Contributory Negligence

In states in which contributory negligence is followed, a person who is 1 % to blame or more will not be entitled to compensation for their injuries. Fortunately for most, only a few states follow this theory.

Comparative Negligence

The majority of state law follows the theory of comparative negligence, under which the amount of compensation you are entitled to will be reduced by your own percentage of blame for the accident. For example, if you are found to be 20 percent to blame and a second party is 80 percent to blame, you will be entitled to be reimbursed by the second party for only 80 percent ( a 20 percent reduction) of the damages you have sustained. This is in contrast to you being entitled to no compensation at all under the theory of contributory negligence.

Your Right To Compensation In Muskogee, Oklahoma

Oklahoma follows a form of comparative negligence referred to as modified comparative fault-50% bar. As it is followed, if you are found to be 50 percent to blame or more, you will be barred from receiving any compensation for your injuries. On the other hand, if you are 49 percent to blame or less, you will be entitled to compensation for your injuries at an amount reduced by your own percentage of blame. For example, if you are found to be 45 percent to blame, you will be entitled to 55 percent of your damages as compensation; but if you are 51 percent to blame, you will not be entitled to compensation at all.

Summary

In Muskogee, Oklahoma, you are entitled to compensation for your injuries only when you are found to be less than 50 percent to blame for the accident. However, the amount of compensation you are entitled to will be reduced by your own percentage of blame.

Free Consultation: Muskogee Personal Injury Lawyer

Don’t lose your chance to receive compensation for your injuries. Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a free consultation today with a Muskogee personal injury attorney at (918) 913-0725 or call toll-free at (888) 447-7262. If you prefer to contact us by email, use the form at the top of this page

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