Personal Injury

Personal injury covers many areas in the law. When someone breaches the standard of care, they may be liable for negligence. An Oklahoma personal injury lawyer knows the laws and how to prove the standard of care in your case.


  • Negligence is defined as the failure to exercise ordinary care to avoid injury to another’s person or property

  • Ordinary care is defined as the care which a reasonably careful person would use under the same or similar circumstances

An Oklahoma personal injury lawyer knows the ins and outs. The Oklahoma Supreme Court has established several factors to determine whether a duty to exercise care exists. These are:

  • Foreseeability of harm
  • The moral blame attached to defendant’s conduct
  • The extent of burden to the defendant and consequences to the community of imposing a duty on the defendant
  • Degree of certainty of harm
  • The need to prevent future harm
  • The availability of insurance for the risk. Iglehart v. Bd. of County Comm’rs, 2002 OK 76, ¶10, 60 P.3d 497, 502

Foreseeability of those put at risk of harm creates the duty to prevent harm and protect those put at risk, including strangers and/or third parties. Delbrel v. Doenges Bros. Ford, Inc., 1996 OK 36, ¶¶8-12, 913 P.2d 1318, 1321-1322. Members of society have a duty to take reasonable precautions to protect anyone who might foreseeably be endangered by their conduct.

To prevail on a negligence claim, the party bringing the case has the burden of proof. In Oklahoma, the party bringing the lawsuit has the burden of proving:

  • They sustained an injury
  • The negligence was the direct cause of the injury
  • The party being sued was negligent – that they failed to exercise the care a reasonably careful person would have used in the same or similar circumstances

Direct cause means a cause which, in a natural and continuous sequence, produces injury and without which the injury would not have happened. For negligence to be a direct cause, it is necessary that some injury must have been a reasonably foreseeable result of negligence. Foreseeability in this context is concerned specifically with whether, and to what extent, a person’s conduct foreseeably and substantially caused the injuries and damages to the injured person. Delbrel v. Doenges Bros. Ford, Inc., 1996 OK 36, ¶12, 913 P.2d 1318, 1322.

Here are some common areas involving negligence claims:

  • Car accidents
  • Trucking accidents
  • Product liability
  • Premises liability, including slip and fall accidents
  • Chemical and Toxic Exposure
  • Prescription and drug negligence
  • Oil field explosions and injuries
  • Complex litigation
  • Workers’ Compensation
  • Motorcycle accidents
  • Other vehicle crashes.
  • Nursing home negligence
  • Airplane accidents
  • Burn Injuries
  • Sexual assault, sexual abuse, and Title IX
  • Mesothelioma
  • Medical malpractice
  • Dog bites

When you have suffered a personal injury from someone else’s negligence, you may pursue damages. An Oklahoma personal injury lawyer with experience can explain this to you. Oklahoma law allows for the recovery of the following damages:

  • Physical pain and suffering, past and future
  • Lost wages
  • Medical bills, past and future
  • Mental pain and suffering, past and future
  • Lost earning capacity
  • Disfigurement

In determining the amount of damages, the jury is allowed to take into account your age, whether or not you have suffered any previous injuries, whether the injury is permanent and any disfigurement.

If you have been involved in prior claims with similar injuries, or injuries to the same body parts, you are still entitled to compensation under Oklahoma law.

A person who has a disability or condition at the time of the personal injury “is entitled to recover damages for any aggravation of such pre-existing condition or disability directly caused by the injury.” OUJI 4.10. Oklahoma also has what is commonly referred to as the “eggshell plaintiff” rule. This means, even if your condition makes you more susceptible to an injury than a perfectly healthy person, the responsible party is still on the hook for the damages they caused.

The personal injury lawyers at Toon Law Firm have a long and very successful track record in helping people in personal injury cases. Many lawyers throughout Oklahoma refer their clients to the lawyers at Toon Law Firm. If other lawyers think highly of us to handle their clients’ personal injury cases, we are confident you will too. Our experience runs deep. We have helped Oklahomans recover multi-millions of dollars in personal injury and wrongful death claims.

Get an Oklahoma personal injury lawyer at Toon Law Firm. Toon Law Firm offers free consultations, and we aren’t paid unless we recover compensation on your behalf. We are ready to talk with you about how we can help. Contact us today at 918.477.7884. Toon Law Firm is the law firm with you in mind. Yes, we can help.

We’re the law firm with you in mind.

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