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Limits on the damages you can receive after a car accident

On Behalf of | Dec 21, 2023 | Personal Injury Law |

When you’re involved in a car accident, understanding your rights and the potential compensation you’re entitled to is crucial. In Oklahoma, as in many states, car accident compensation laws are quite specific. To ensure you receive as much as is available for recovery, you must first understand certain workings within the personal injury system.

This includes how the state handles post-accident claims and what these procedures mean for you.

What you can recover

In Oklahoma, most people who file a car accident claim can recover damages and the same applies to you. Under Oklahoma law, you have the opportunity to pursue compensation for a variety of losses. These losses are categorized into economic and noneconomic damages. Economic damages pertain to concrete or monetary costs of repairing or replacing your car, medical costs and lost earnings due to the accident. On the other hand, noneconomic damages aim to compensate for the more abstract consequences of an accident. This includes physical suffering, emotional turmoil and the loss of enjoyment in relationships or activities.

Yes, there are limitations to the amount

The amount you can recover depends on the damages you seek. For economic damages, the state does not impose a cap. This means if you’ve accumulated significant medical expenses or lost a substantial amount of wages due to your inability to work, you can seek complete compensation for these losses.

However, noneconomic damages are treated differently. There is a limit to what victims can recover for noneconomic damages. The maximum amount you can recover is $350,000. This cap could potentially make it difficult for you to fully recover from pain, stress and the inability to enjoy time with loved ones as you did before.

Exceptions to the cap

Every injured person can defend their right to challenge the limitation on noneconomic damages. Fortunately, there are circumstances when the court might decide to remove this cap. Such can happen when the judge and jury clearly see that the person who caused the accident:

  1. Disregarded others’ rights
  2. Was extremely careless
  3. Was fraudulent
  4. Intentionally acted with ill intent

In such cases, there is no cap on noneconomic damages. Fighting for your rights after a car accident can be challenging. If you’ve been in a car accident, you should consider consulting a personal injury attorney. They can help ensure you receive the appropriate compensation to help in your recovery from your injuries.