The most common types of actions that give rise to such lawsuits are vehicular accidents, medical malpractice, slip-and-falls, and manufacturing defects. Other actions that can give rise to a claim are known as intentional torts; these torts include battery, defamation of character and invasion of privacy.
Who Can Bring a Personal Injury Lawsuit
Typically, personal injury lawsuits are brought by one or more private individuals against another individual, business or--in some cases--a government agency. Relatives of a person who died because of the defendant's conduct may also bring suit on behalf of the decedent's estate.
Damages are usually paid by the defendant's insurer. Many states have laws limiting the amount of damages a plaintiff can recover for certain injuries.
Lawyers representing a personal injury Plaintiff are paid only if the Plaintiff prevails and the Defendant is ordered to pay damages or if the Defendant agrees to a settlement. Some states limit the amount a lawyer can recover. Oklahoma’s limit is 50%.
Less than 2% of the filed cases actually get to trial. It simply costs too much (for both sides) to take most cases to jury trial. Mediation has become an important tool for Plaintiffs and Defendants to conclude their case.
In Oklahoma, the statute of limitations for a personal injury lawsuit is 2 years. However, there can be a number of questions about when the 2 years starts and stops.