Jenny Mitchell, 28, was an unsuspecting user of chemical hair relaxers, having been using them for the past 18 years since she was 10 years old. Unbeknownst to her, the prolonged exposure to these potentially harmful substances may have been the cause of her being diagnosed with uterine cancer in 2018. Mitchell’s lawsuit was the first of many to be filed after a study released by the National Institute of Health in October 2022, which affirmed the connection between chemical hair relaxers and certain cancers. As per the study, several of the substances found in the relaxers, commonly listed as “fragrance” could disrupt hormones and contribute to the growth of gynecologic cancer. The lawsuits allege the manufacturer’s negligence, holding them responsible for not warning consumers of the potential risks. The claims allege that the manufacturer did not warn consumers of the possible danger of using their product, and is thus responsible for their negligence.
This story highlights the concept of damages available for personal injury accidents – an important aspect of personal injury law. After being hurt as a consequence of someone else’s negligence, an individual is likely eligible for financial compensation for medical expenses, lost wages, pain and suffering, and property damage, amongst other related losses. Oklahoma has very specific laws concerning negligence and recoverable damages for accidents.
In Tulsa, Oklahoma, those who have been hurt in an accident can be able to pursue reimbursement for numerous losses, like medical costs, lost wages, and property damage. It is critical to comprehend the varied types of personal injury lawsuits and the legal statutes that regulate them so as to decide which form of damages you are entitled to.
Statutes of limitations are time limits for filing a lawsuit, criminal charges or other legal actions. State laws set a time limit to bring civil action, and if the claim is not made within that time frame, the plaintiff may forfeit any potential damages. According to Oklahoma law, plaintiffs generally have two years to file a case.
Statutes of limitation ensure that legal claims are processed and addressed promptly, rather than being left to linger unresolved for extended periods. Evidence can deteriorate with time; it can be difficult to gather accurate facts, while witnesses’ memories can become unreliable, and documents can be lost or destroyed.
The Oklahoma Supreme Court also recognizes a “discovery rule” which may affect the time limit. This rule essentially states that the statute of limitations does not begin to run until the injured party is aware or should have reasonably been aware that an injury has occurred. For instance, if someone was exposed to asbestos as a child, but the effects of that exposure were not discovered until many years later, then the statute of limitations may not begin to run until the discovery of the injury.
When it comes to insurance coverage, Oklahoma has certain requirements relating to the minimum amount of insurance a motorist is meant to carry. This can be found in the Oklahoma Statutes, Title 47, Article 2, Section 7-204.
The minimum insurance limits required in Oklahoma are 25/50/25: $25,000 for bodily injury per person; $50,000 for bodily injury per accident; and $25,000 for property damage.
In Oklahoma, fault is an important factor to consider when determining who is responsible for the damages caused by an accident. If both drivers are found to be at fault, the person who is less than 50% responsible can still recover damages, however, their damages will be reduced by the percentage of their fault. There is a “comparative negligence standard” in place which stipulates that an injured person can still recover damages from the other party involved even if they are partially at fault for the incident. However, if the court or jury finds that the injured person is 50% or more at fault for the incident, they cannot recover any damages.
Proving fault in a car accident case usually involves showing that someone was negligent, meaning they failed to take reasonable care to avoid the accident. This is often shown by proving that the other person violated a traffic law, such as running a red light, which caused the accident.
It’s important to understand the laws of negligence and comparative fault in order to determine who is liable and what kind of damages can be recovered.
In Tulsa, OK, state law outlines how individuals can receive compensation for damages caused by an accident. While the amount of financial recovery may vary depending on the specifics of the case, some categories of losses that are commonly considered eligible for compensation include medical expenses, lost wages, pain and suffering, property damage, and other related costs. It’s important that you not only know what the laws are, but that you understand how that applies to your situation and rights if you have been injured in an accident.
While an insurance company may try to get you to settle and convince you that your claim is not worth taking to court, that is usually not the truth.
If you have been injured in a car accident, our expert team can help you get the compensation you deserve. Contact us or call us at 918-359-6600 today for a free consultation.