Norman Rear-End Car Accident Lawyer
Rear-end car accidents are one of the most common types of automobile accidents that residents of Norman get into. Even though the driver who rear-ends a car is more likely to be found at fault for such an accident, this is not always the case depending on the circumstances.
If you or a loved one suffered injury due to being rear-ended or rear-ending someone else who was driving negligently, you may be entitled to compensation. A Norman rear-end car accident lawyer could help you pursue financial recovery for your damages through civil litigation or a private settlement. Your legal options may seem limited after a rear-impact car collision, but it is important to remember that you still have legal rights and options, no matter how bad the situation may seem. A dedicated car accident attorney could help you protect your legal rights.
Common Damages in an Accident
Due to the many different types of injuries and losses a rear-end accident could cause, an injured individual may be eligible to recover compensation for a variety of economic and non-economic damages. These may include:
- Lost income
- Medical and legal expenses
- Costs for home modification due to disability
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
In rare situations, a court may award an injured individual with punitive damages as a way of punishing the defendant for egregious or deliberate behavior and deterring such actions in the future. If it elects to grant this type of damages, the court would primarily consider the severity of the hazard created by the defendant, whether the defendant made an attempt to hide their actions, and whether the defendant was aware of the hazard and their behavior after they became aware.
Compensation Caps in Norman
Damage caps or limits establish a maximum amount of compensation a judge or jury may award a civil plaintiff in damages. 23 Oklahoma Statutes §61.2 addresses the various compensatory caps in Oklahoma. When it comes to rear-impact car crashes in Norman, economic damages do not have any caps placed on them. Conversely, non-economic damages are limited to $350,000 at most regardless of how many drivers or defendants are named in the case.
However, there are a few exceptions to this non-economic damage cap—specifically, if the defendant did any of the following:
- Acted recklessly with disregard for others
- Acted with malice or intent to inflict harm
- Committed gross negligence
- Committed an act of fraud
Punitive damages are capped at $100,000 or the total amount of compensatory damages, whichever is greater. If the at-fault driver acted out of malice or the insurance company acted in deliberate bad faith, the cap is $500,000 or twice the amount of compensatory damages, whichever is greater. A seasoned attorney in Norman could provide further guidance on which caps and limitations may apply to a particular case.
Plaintiff Liability in Rear-End Accidents
In any car accident case involving a rear-end impact, both the defendant and the plaintiff may bear partial responsibility for the incident in question and any ensuing damages. Since Oklahoma follows the modified comparative negligence rule, a plaintiff in Norman may recover compensation as long as they are not more than 50 percent responsible for the accident, according to 23 O.S. §13.
Furthermore, a plaintiff’s total recoverable compensation would be decreased based on how much they contributed to their accident. For example, a plaintiff found 20 percent at fault for their own injuries would only be able to recover for 80 percent of their total damages. Injured individuals should speak to a skilled rear-end car accident lawyer in Norman to determine how modified comparative negligence may affect their financial recovery.
Talk to a Norman Rear-End Car Accident Attorney
A rear-end car accident could leave you in serious pain, worrying about how you will pay the bills and take care of your responsibilities. If your injuries were due to another’s actions, recovering compensation from them may be critical to your physical and financial well-being.
A Norman rear-end car accident lawyer could help you hold those responsible for your injuries legally accountable for their actions. Call today to schedule a consultation.