Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 12-07-2023

Case Style:

Lee E. Hawk v. Amy D. Shetlon

Case Number: CJ-2023-1037

Judge: Lori Walkley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney:

Click Here For The Best Norman Personal Injury Lawyer Directory

Defendant's Attorney: No appearance

Description: Norman, Oklahoma personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theories claiming to have suffered more than $!0,000 in damages and/or injuries.
"Here's a detailed breakdown of negligence law in Oklahoma, covering key elements, principles, and how it might apply to different situations:

Key Elements of Oklahoma Auto Negligence:

Duty of care: Every person in Oklahoma has a duty to act with reasonable care in any situation where their actions could potentially harm others. This includes, but isn't limited to, drivers, property owners, and professionals such as doctors or lawyers.
Breach of duty: The injured party must show that the defendant breached their duty of care. This involves demonstrating that the defendant acted in a way that fell below the standard of care expected of a reasonable person in similar circumstances.
Proximate cause: The breach of duty must be the direct cause of the injury or damage. It's not enough to simply show that the defendant acted negligently; you must prove that their negligence directly resulted in the harm suffered.
Damages: If all elements are proven, the injured party can seek compensation for various damages, including:
Medical expenses: Costs of medical treatment related to the injuries sustained.
Lost wages: Income lost due to the inability to work as a result of the injury.
Pain and suffering: Physical and emotional pain and suffering caused by the injury.
Property damage: Costs of repairing or replacing damaged property.

Modified Comparative Negligence:

Oklahoma follows a modified comparative negligence rule. This means that the injured party's own negligence can reduce their compensation proportionally. For example, if they're found to be 30% at fault, their damages will be reduced by 30%. However, if the injured party is found to be more than 50% at fault, they cannot recover any damages from the defendant.

Statute of Limitations:

There is a two-year statute of limitations for filing negligence claims in Oklahoma. This means you must file your lawsuit within two years of the date the injury occurred.

Additional Points:

Types of negligence: Oklahoma recognizes various types of negligence, including:
Negligent trespass: Entering someone's property without permission or causing damage while trespassing.
Negligent misrepresentation: Providing false or misleading information that causes harm to someone.
Professional negligence: Failing to meet the expected standard of care in a professional setting, such as medical malpractice or legal malpractice.
Insurance: Oklahoma requires drivers to carry minimum amounts of liability insurance to cover potential damages caused to others in an accident. Uninsured/underinsured motorist (UM/UIM) coverage is also recommended to protect yourself from uninsured or underinsured drivers.

Specific Scenarios:

Here are some examples of situations where Oklahoma negligence law might apply:

Car accidents: A driver who runs a red light and causes a collision can be held liable for the injuries and damages resulting from the accident.
Slip and fall accidents: A property owner who fails to remove snow or ice from their sidewalk could be liable if someone slips and falls and is injured.
Medical malpractice: A doctor who makes a mistake during a medical procedure could be liable for the patient's subsequent injuries.

Seeking Legal Help:

If you believe you have been injured due to someone else's negligence in Oklahoma, it's crucial to consult with an experienced personal injury attorney specializing in negligence law. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court."

Gooble Bard

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:


Find a Lawyer


Find a Case