Proving Negligence

In Oklahoma civil law, you cannot recover compensation just because an accident happened. You must prove that the other party was "negligent."

The Four Elements

1. Duty: The defendant owed you a duty of care (e.g., a driver's duty to watch the road).
2. Breach: They failed that duty (e.g., texting while driving).
3. Causation: That specific failure caused your injury (not a pre-existing condition).
4. Damages: You suffered actual harm (medical bills, lost wages, pain).

Comparative Negligence

Oklahoma follows "Modified Comparative Negligence." This means if you are found to be 51% or more at fault, you get nothing. If you are 50% or less at fault, your award is reduced by your percentage of fault. Insurance adjusters will try to pin at least 51% of the blame on you to avoid paying.