Proving Negligence
Many injury claims turn on evidence of duty, breach, causation, and damages.
An accident alone does not establish negligence. The claimant generally needs evidence connecting a legal duty, a breach of that duty, the resulting injury, and supported losses.
The Four Elements
- Duty:The defendant owed you a duty of care (e.g., a driver's duty to watch the road).
- Breach: They failed that duty (e.g., texting while driving).
- Causation: The breach caused or worsened the claimed injury.
- Damages: You suffered actual harm (medical bills, lost wages, pain).
Comparative Negligence
Oklahoma comparative-fault rules can reduce or, in some circumstances, bar a recovery. The result depends on the claims, the parties' assigned fault, and any applicable exceptions, so disputed-fault evidence should be reviewed carefully.