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What You Need to Know About Personal Injury Lawsuit?

Handley LLC June 15, 2020

Some people have interchangeable effects on personal injury and corporeal injury, but these two terms differ entirely. Here are the meanings and effects of personal and physical injuries you need to read.

What Is the Injury?

Personal injury is a civil law feature. Personal injury lawsuits reimburse accident victims or social disabilities, such as character defamation. A person who is injured is the plaintiff in a personal injury proceeding. You will need a personal injury attorney to understand the regulations.

Where an accident leads to the victim's death, the plaintiff is the deceased's estate’s representative. A person whose fault caused an injury or loss to a victim is the accused of a personal injury claim. The other party is known as the cross-accused if the defendant tries to blame another party.

Health Injury Policy Considerations

Legal constraints

In Oklahoma, within two years of the time of an incident, you are allowed to file a claim for personal injury. You may lose the right to file a personal injury lawsuit if you do not make a claim within this statutory prescription window.


The other legal issue in Oklahoma comes from personal injury cases. There are instances in which a jury may find that the defendant is partly or completely guilty of his accident or injury. Oklahoma uses a special law called a changed fault in addition.

According to this legal principle, their share of responsibility for an incident limits the remuneration to the injured person. Another important aspect of this rule is that if more than 50% of the injured party is found responsible for the accident, they no more have the right to recover any damages in their suit.

Burden of Proof

The burden of proof in a case of personal injury is relatively low compared to cases, as the plaintiff is compensated for the loss or injury in these cases. In an individual injury case, the claimant must show that the defendant has acted carelessly in order to receive compensation.

What Are the Negligence Elements of The Claim for Personal Injury?

Personal injury may occur as a result of faulty goods, auto accidents, and liability in the premises, professional misconduct, nursing home violence and many more. The incidents are often not intentional, but are the product of the defendant's disregarded or defective conduct.

In your personal injury lawsuit, the key elements of negligence that you will show are:

  • The fault party owes its cleaning duty

  • The accused did not fulfill their duty of care.

  • The direct reason for your loss or injury was due to the party's actions

  • The damages were caused by the actions of the faulty party

Everyone is obliged to do whatever they can to prevent accidents although their legal obligation can vary according to their own authority and circumstances. For example, drivers shouldn't drive vehicles while drunk; shopping centers should have dry floor surfaces that have little to do with slip and falling accidents.

You can visit Handley Law Center to hire a personal injury attorney who can provide you with flawless legal aid.

** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.