Oklahoma Personal Injury Lawsuits

Oklahoma has a 2-year statute of limitations for medical malpractice lawsuits. The 2-year period begins to run from the date that the plaintiff discovered or should have discovered that they had a malpractice claim. The “date of discovery” in Oklahoma is when the plaintiff either knew that they could file a malpractice lawsuit; OR that a reasonable person in plaintiff’s position would have realized that they could possibly file a medical malpractice lawsuit. In some cases (such as botched surgery) the date of discovery is the same date as the treatment. In other cases (such as failure to diagnose) the discovery date may not occur until months or years after the negligent medical care.

Approximately 65-70% of all plaintiffs who file a medical malpractice case in Oklahoma end up getting some financial compensation either in the form of a settlement or jury verdict. The vast majority of Oklahoma medical malpractice claims settle out of court. Only about 10% go to trial. For those that med mal cases that do go to trial, plaintiffs in Oklahoma only win about 15% of the time.

Miller & Zois is one of the most successful medical malpractice firms in the Mid-Atlantic region and many of our medical malpractice lawyers are nationally recognized in the field. Over the last 10 years alone, we have successfully recovered over $100 million in compensation on behalf of our injured clients. We have experience and a level of ability with large, complex medical malpractice cases that you may not find in local firms. If you choose M&Z to handle to your Oklahoma medical malpractice case you will get to leverage all of our resources, experience and ability. We will also team up with season local counsel in Oklahoma at no additional cost to you. You will get our heavy hitting experience and local expertise. Its like getting 2 law firms for the price of one. You also get access to our extensive network of medical experts from some of the most prestigious east-coast hospitals.

Oklahoma has a 2-year statute of limitations for auto accident lawsuits (except those involving wrongful death claims). The 2-year period begins to run from the date of the accident, unless the plaintiff is under the age of 18. For auto accident cases involving death, there is still a 2-year limitation period for bringing a wrongful death claim but it does not begin to run until the accident victim dies.

Oklahoma is among the majority of states that follows a rule known as comparative negligence in auto tort cases. Oklahoma has what is known as a “modified comparative negligence” standard. Under this rule a plaintiff’s damages can be reduced if they are found to be partially at fault for an accident. If the plaintiff is found to be 20% at fault, their damages will be reduced by 20%. If the plaintiff is found to be more than 50% at fault they cannot recover ANY damages.

The typical settlement value of an auto accident lawsuit in Oklahoma depends largely on the type and severity of the plaintiff’s physical injuries. A case involving minor injuries (e.g., neck sprains or “soft tissue” injuries) may have an average value between $10,000 and $20,000. An Oklahoma auto accident claim with moderate level injuries may be worth between $40,000 and $115,000 on average. Cases with the most serious injuries can be worth 2 or 3 times this average.