What is a Tort Case, and What Does It Involve in Oklahoma?

In Oklahoma, a tort case is generally considered a legal action to seek compensation for harm to life or properties caused by another entity. Any act or lack of action that causes another person to suffer any loss is a tort. Oklahoma district courts hear tort cases, except tort cases against the government at any level, which are filed at the office of the governor of Oklahoma.

Any resident of the state of Oklahoma is typically eligible to file a tort case if there is sufficient reason to do so. According to the state statutes, the person filing the lawsuit should have ample evidence and preferably witnesses to back up the claim. Petitioners are to file tort cases for personal injury and property damage within two years, or the court may dismiss the case. The statutes of limitation come into play immediately after the occurrence of the injury.

Oklahoma public records, including tort case information, may also be accessible through third-party websites. These websites typically make the search process simpler since their records are collated from various geographic locations, and users may perform searches for multiple records simultaneously. To use a third-party search engine, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Third-party sites are operated independently of government sources. Consequently, users are enjoined to verify the accuracy of the records or information obtained through these sites, as their validity, accuracy, and availability are not guaranteed. 

What is Oklahoma Tort Law?

Oklahoma tort law is generally a section of the state’s civil law that maintains that everyone has a responsibility to avoid causing any form of injury to another person or their property. Tort law in Oklahoma is covered under three titles in the Oklahoma Statutes, Title 12 (Civil Procedure), Title 23 (Damages), and Title 76 (Torts). Tort law in Oklahoma does not cover breaches of contract.

What Kinds of Cases are Covered by Tort Law in Oklahoma?

The tort law in Oklahoma typically covers:

• Deceit: This involves unfulfilled promises and misleading information.
• Negligence: This includes lack of care, for example, failure to attend to a patient at the hospital.
• Accident and Disaster: This type of case addresses architectural or engineering faults that lead to mishaps and the release of hazardous materials in the environment.
• Defamation: This refers to written or oral communication with fault claims that damages another person’s reputation.

What are the Differences Between Criminal Law and Tort Law in Oklahoma?

Tort law (Title 76) in Oklahoma generally covers civil actions in which one party has harmed the other, and the injured party seeks monetary recompense for the harm suffered. Criminal law (Title 22), on the other hand, is used to punish criminal actions and the persons who perpetrated the acts. Under criminal law, the case is brought against the offending party by the state to prove that it violates the laws of the state. Some examples of criminal cases typically include murder, robbery, rape, and assault.

What is the Purpose of Tort Law in Oklahoma?

The tort law in Oklahoma is generally put in place to protect its citizens from suffering undeserved injuries due to the actions of another person, corporation, or government. This law allows citizens of the state to have a form of security over lives and properties as it protects residents from unfair suffering.

What is a Tort Claim in Oklahoma?

Following Title 76 of the Oklahoma State Legislature, a tort claim refers to legal action initiated to seek compensation for some injury suffered to self or property. The claim is typically the accusation that an entity is liable for the harm.

How Do You File a Tort Claim in Oklahoma?

Persons who have suffered an injury or property damage may file for a tort claim at the district court or the governor’s office (if the legal action is against the government). Nevertheless, the district court hears the majority of tort cases varying from assault, defamation, medical malpractice, pedestrian accidents, and animal attacks. The petitioner is generally expected to include the description of the activities that caused the injuries and the participating parties in the claim. The clerk of the court typically informs the petitioner of the filing fees, which vary from county to county. Tort cases in Oklahoma follow the provisions of Title 76 of Oklahoma statutes.

What Does a Tort Claim Contain in Oklahoma?

For a tort claim to be legally applicable, these four elements should be present; duty, breach of duty, causation, and injury. A tort claim may also include:

• The petitioner’s full name, address, city of residence, phone number, and email
• The date of the injury and the time it occurred
• The address where the damage took place.
• A brief description of what happened, coupled with information regarding the vehicle said to be involved in the accident, the city department, or the employee involved.
• Insurance information.
• Amount of claim.
• The claimant’s signature and date.

What Happens after a Tort Claim is Filed in Oklahoma?

After filing the tort claim, the defending party may also receive a copy of the petition. It usually takes 90 days before the state can decide to either go further with the case or dismiss it. In governmental torts, the period is used to confirm the originality of the claim and whether to opt for settlement or deny it. After 90 days, the plaintiff may prepare for legal representation as the court schedules for proper litigation and possible trial. Processing a tort claim in Oklahoma mandates that plaintiffs file the claims within one year from the date of injury.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

In tort claims, petitioners are generally advised to hire personal injury lawyers who know tort law enough to handle work injuries, defective products, slip and falls, and other accidents. A personal injury lawyer may help plaintiffs avoid victimization by companies and also help to get compensation for damage and losses incurred. Hiring a personal injury lawyer may increase the chances of recompense. Yet in Oklahoma, plaintiffs are not legally required to have a lawyer as individuals may handle necessary documentation personally.

How Can I Find a Personal Injury Lawyer Near Me?

Interested individuals may locate a personal injury lawyer in Oklahoma by visiting the clerk of court for recommendation. Also, legal institutions in the state can aid the search for a personal injury lawyer. If the above options do not provide the desired result, individuals can also look through the “find a lawyer” feature on the Oklahoma Bar Association’s website.