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What Damages Are You Legally Entitled To Under Oklahoma Law

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Have you ever wondered what the law entitles you too in the event you are harmed as the result of another in an automobile accident? As we have frequently discussed, traffic collisions result in a multitude of injuries that people by law are entitled to recover for their pain. We hear the proverbial terms such as special damages and pain and suffering but rarely do we attorneys provide you specific particulars as to what you are allowed to recover in a personal injury accident in Oklahoma. Oklahoma law has clearly articulated instructions that a jury is to consider in a personal injury lawsuit. According to Oklahoma law, a person injured because of the negligence of another is entitled:

- His or her physical pain and suffering, past and future;

- His or her mental pain and suffering, past and future;

- His or her age;

- His or her physical condition immediately before and after the accident;

- The nature and extent of his or her injuries;

- Whether the injuries are permanent;

- The physical impairment;

- The disfigurement;

- Loss of earnings and/or time;

- Impairment of earning capacity; and

- The reasonable expenses of the necessary medical care, treatment, and services, past and future.

See Oklahoma Jury Instructions – Civil § Instruction 4.1.

I would note that when a collision has resulted in the death of someone, the deceased family is entitled to different compensation per Oklahoma Statute. Also, I have not addressed property damage, diminution of value and certain other types of recoverable damages in this blog