400 N Walker Ave #130, Oklahoma City, OK Phone: 405-605-2426
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.
Slip and fall accidents can lead to serious injuries and financial losses for victims. If you’ve been injured in a slip and fall accident on someone else’s property in Oklahoma, you may be eligible for compensation.
Compensatory Damages
Compensatory damages are the main category of damages in slip and fall cases. These are intended to compensate the victim for losses suffered due to the accident and injuries. Compensatory damages are divided into economic and non-economic damages.
Economic Damages
Economic damages refer to quantifiable financial losses incurred due to the slip and fall accident. These may include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses
What medical expenses can be recovered in a slip and fall case?
Medical expenses that can be recovered in a slip and fall case include:
- Emergency room visits
- Hospital stays
- Surgeries
- Medications
- Physical therapy
- Medical equipment
- Future medical care
It’s important to keep all medical bills and records to support your claim for these expenses.
Non-Economic Damages
Non-economic damages compensate for intangible losses that don’t have a specific monetary value. These may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Permanent disability or disfigurement
How is pain and suffering calculated in Oklahoma slip and fall cases?
Pain and suffering damages in Oklahoma slip and fall cases are typically calculated using one of two methods:
- Multiplier method: The total economic damages are multiplied by a factor (usually between 1.5 and 5) based on the severity of the injuries.
- Per diem method: A daily rate is assigned to the pain and suffering and multiplied by the number of days the plaintiff experiences pain.
The specific calculation can vary depending on the circumstances of each case and the discretion of the jury or insurance adjuster.
Punitive Damages
In rare cases involving especially egregious conduct by the property owner, punitive damages may be available in Oklahoma slip and fall cases. Unlike compensatory damages, punitive damages are intended to punish the defendant and deter similar behavior in the future.
When can punitive damages be awarded in Oklahoma slip and fall cases?
Punitive damages can be awarded in Oklahoma slip and fall cases when the plaintiff proves by clear and convincing evidence that the defendant acted with:
- Reckless disregard for the rights of others
- Gross negligence
- Malice
- Fraud
Examples that may warrant punitive damages include:
- A property owner repeatedly warned about a dangerous condition but willfully refused to fix it
- Intentionally creating a hazard to harm visitors
- Deliberately hiding or concealing a known dangerous condition
Oklahoma law caps punitive damages at $100,000 or the amount of actual damages awarded, whichever is greater. However, this cap can be lifted in cases of extreme misconduct.
Factors Affecting Damages in Oklahoma Slip and Fall Cases
Several factors can impact the amount and types of damages recoverable in an Oklahoma slip and fall case:
- Severity of injuries
- Impact on daily life
- Strength of liability evidence
- Plaintiff’s own negligence
- Insurance policy limits
- Jurisdiction
How does Oklahoma’s comparative negligence rule affect damages in slip and fall cases?
Oklahoma follows a modified comparative negligence rule, as outlined in Oklahoma Statutes Title 23, Section 13. Under this rule:
- If you are found partially at fault for your slip and fall accident, your damages will be reduced by your percentage of fault.
- If you are found to be more than 50% at fault for the accident, you cannot recover any damages.
For example, if you’re awarded $100,000 in damages but found to be 30% at fault, your award would be reduced to $70,000. However, if you’re found to be 51% at fault, you would not be eligible for any compensation.
Importance of Proper Documentation
To maximize your potential damages in an Oklahoma slip and fall case, it’s crucial to thoroughly document all aspects of the accident and your injuries.
What evidence should I gather after a slip and fall accident?
After a slip and fall accident, you should gather the following evidence:
- Photos of the hazardous condition that caused your fall
- Contact information for any witnesses
- Medical records and bills
- Documentation of time missed from work
- A pain journal describing your physical symptoms and emotional state
An experienced Oklahoma slip and fall attorney can help ensure you gather and preserve all necessary evidence to support your damages claim.
Statute of Limitations
Oklahoma has a two-year window for legal action for personal injury claims, including slip and fall cases, as per Oklahoma Statutes Title 12, Section 95. This means you generally have two years from the date of the accident to file a lawsuit. Failing to file within this timeframe can bar you from recovering any damages.
Are there any exceptions to the two-year statute of limitations in Oklahoma?
While the two-year statute of limitations is generally strict, there are a few exceptions:
- If the injured person is under 18 or mentally incompetent, the statute of limitations may be tolled (paused) until they reach the age of majority or regain competency.
- If the property owner fraudulently concealed facts about the accident, the statute of limitations may be extended.
- In cases involving government entities, there may be shorter notice requirements and filing deadlines.
It’s crucial to consult with an attorney as soon as possible after your accident to ensure you don’t miss any important deadlines.
If you’ve been injured in a slip and fall accident in Oklahoma, you may be entitled to various types of compensatory damages, and in some cases, punitive damages. An experienced advocate for slip and fall victims can evaluate your case, determine which damages apply, and fight to maximize your compensation. Seek legal guidance promptly to protect your legal rights and ensure you meet all filing deadlines.
Slip and Fall Damages FAQS
How long do I have to file a slip and fall claim in Oklahoma?
You must file within two years of the incident date. Missing this deadline typically bars you from pursuing compensation.
What if I can’t afford medical treatment after a slip and fall?
Medical providers may agree to liens, waiting for payment until your case settles. Some attorneys can help connect you with healthcare providers who work on this basis.
Can I recover damages if I was partially at fault?
Yes, as long as you're less than 50% responsible. Your compensation will reduce by your percentage of fault.
What proof do I need to show pain and suffering?
Medical records, mental health evaluations, personal journals, and testimony from family members can demonstrate these impacts.
Are future medical expenses included in damages?
Yes, if medical experts can verify the need for ongoing treatment and estimate those costs.
How are lost wages calculated if I’m self-employed?
Tax returns, business records, contracts, and expert testimony can establish income loss for self-employed individuals.
What happens if my injuries prevent returning to my previous job?
You may claim damages for diminished earning capacity and vocational rehabilitation costs.
Can family members receive compensation for helping during recovery?
While family members aren't typically paid directly, the value of their services may factor into damage calculations.
Do pre-existing conditions affect my damage claim?
You can recover compensation for the worsening of pre-existing conditions caused by the slip and fall.
Protect Your Rights After a Slip and Fall Accident
Have you been injured in a slip and fall accident? Don’t let property owners or insurance companies minimize your claim. Hasbrook & Hasbrook can help you recover the full range of damages you’re entitled to under Oklahoma law. Our experienced attorneys know how to build a strong case and maximize your compensation. Contact us today for a free consultation and learn how we can fight for your rights.