What is a Tort Case, and What does it Involve in Oklahoma?
In Oklahoma, a tort case is 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 is filed at the office of the governor of Oklahoma.
Any resident of the state of Oklahoma is eligible to file a tort case if there exists a reason to do so. According to the state statutes, the person filing the lawsuit must have ample evidence and preferably witnesses to back up the claim. Petitioners are to file tort cases within two years for personal injury and property damage, or the court will dismiss the case. The statutes of limitation come into play immediately after the occurrence of the injury.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must 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 that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What is Oklahoma Tort Law?
Oklahoma tort law is 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 property through any acts. 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 cover;
- 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 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 the violates the laws of the state. Some examples of criminal cases include murder, robbery, rape, and assault.
What is the Purpose of Tort Law in Oklahoma?
The tort law in Oklahoma is 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 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 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 can 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 suitor must include the description of the activities that caused the injuries and the participating parties in the claim. The clerk of the court will inform 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 must be present; duty, breach of duty, causation, and injury. A tort claim will 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 will 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 can prepare for legal representation as the court will schedule 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, it is advisable 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 can help plaintiffs avoid victimization by companies and also help to get compensation for damage and losses incurred. Hiring a personal injury lawyer can increase the chances of recompense. Yet in Oklahoma, plaintiffs are not legally required to have a lawyer as individuals can handle necessary documentation personally.
How Can I Find a Personal Injury Lawyer Near Me?
Interested individuals can 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.