Personal Injury and Tort Litigation
The complexities unique to personal injury and tort litigation require a legal team that not only understands the law, but also has the resources to overcome the immense evidentiary and procedural challenges characteristic of these matters. Drawing on decades of combined experience in complex litigation, the personal injury and tort attorneys at JPM Law understand exactly what’s at stake. Whether at the negotiating table or in the courtroom, we’ll work aggressively to uphold your rights and safeguard your interests, no matter the nature of the claim.
Torts We Handle
JPM Law represents clients across the full range of tort claims filed in Oklahoma’s state and federal courts, including:
- Automobile Accidents
- Trucking and Commercial Vehicle Accidents
- Motorcycle Accidents
- Slip and Fall
- Negligent Security
- Swimming Pool and Recreational Accidents
- Construction Site Accidents
- Wrongful Death
- Catastrophic Injury
- Medical Malpractice
- Products Liability
- Dram Shop and Liquor Liability
- Negligent Hiring, Retention, and Supervision
- Franchisor Liability
- Animal Attacks
- Recreational and Sports Liability
- Government and Municipal Liability
- Toxic Torts and Environmental Exposure
Understanding Oklahoma Tort Law
In Oklahoma, personal injury claims and torts are governed by a distinct set of statutes that present defendants with both risks and opportunities. Some of the most consequential include:
Comparative Fault
Oklahoma follows a modified comparative negligence standard under Title 23, Section 13 of the Oklahoma Statutes. A plaintiff can recover damages only if their own negligence does not exceed 50 percent of total fault — if it does, recovery is barred entirely. Below that threshold, any award is reduced proportionally to the plaintiff’s share of fault.
Punitive Damages
Oklahoma structures punitive damage exposure in tiers tied to the severity of the defendant’s conduct:
- Reckless conduct: Capped at the greater of $100,000 or actual damages awarded
- Intentional misconduct: Capped at the greater of $500,000, twice actual damages, or the increased financial benefit the defendant derived from their conduct
- Intentional conduct that endangered human life: No cap — the jury’s discretion is unlimited
Statute of Limitations
Most Oklahoma personal injury claims must be filed within two years of the date of injury, while certain intentional torts must be filed within one year. Claims against government entities, which fall under the Oklahoma Governmental Tort Claims Act, require written notice within one year. The statute of limitations can also be extended or shortened depending on the plaintiff’s age, the nature of the injury, and other circumstances.
Several Liability
Oklahoma generally imposes several liability, not joint liability, in multi-defendant tort cases. Each defendant answers only for the percentage of fault the jury assigns them — a meaningful protection that becomes especially important when multiple parties share responsibility for a plaintiff’s injuries.
Why JPM Law for Personal Injury and Tort Litigation?
A successful outcome requires attorneys who are equally comfortable in the courtroom or at the negotiating table, and who possess the deep knowledge, ample resources, and unflinching discipline needed to see a case through on every front. So what can you expect with JPM Law in your corner?
Experienced Counsel: Our attorneys come from backgrounds spanning commercial litigation, appellate practice, and regulatory law. Drawing on their diverse skill sets, they dig into the facts — scrutinizing every aspect of the case, identifying evidentiary opportunities, and building a strategy around the specific demands of each matter.
The Right Experts: Expert testimony can make or break a personal injury case. We maintain relationships with credible, well-credentialed experts across accident reconstruction, biomechanical analysis, industry safety standards, and medical causation — professionals who deliver authoritative testimony and hold up under aggressive cross-examination.
Skilled Negotiators and ADR Practitioners: When resolution short of trial is the right call, our attorneys pursue it with the same rigor they bring to litigation. Our attorneys are experienced negotiators and seasoned ADR practitioners who know how to pursue a resolution without compromising your position.
Widely Respected: JPM Law has earned the respect of our peers across the legal industry. Our partners hold AV Preeminent ratings from Martindale-Hubbell, and our attorneys have been recognized by Best Lawyers in America and named among Oklahoma’s top practitioners by Oklahoma Magazine and Tulsa People.
Connect With Our Personal Injury and Torts Team
Given the stakes typical of personal injury and tort litigation, the importance of retaining experienced, knowledgeable counsel can’t be overstated. The attorneys at JPM Law have the experience and strategic know-how to fight for the outcome you deserve.
Personal Injury and Tort Litigation: Frequently Asked Questions
What is modified comparative negligence, and how does it affect my case?
Under Oklahoma’s modified comparative negligence rule, courts must assign a percentage of fault to all parties involved in an incident, including the plaintiff. If a plaintiff is found to be more than 50% at fault, they cannot recover any damages. If their fault is 50% or less, their compensation is reduced by their percentage of fault. Therefore, evidence of each party’s conduct can directly impact the financial outcome of the case.
How does Oklahoma law treat spoliation of evidence in personal injury cases?
When evidence relevant to a personal injury claim is lost, destroyed, or not preserved, Oklahoma courts may impose serious consequences on the responsible party. Depending on the circumstances, a judge can instruct the jury to presume that the missing evidence would have been unfavorable to the party that failed to preserve it — a spoliation inference that can be difficult to overcome at trial.
What is the economic loss rule, and how does it limit tort claims in Oklahoma?
Oklahoma’s economic loss rule bars plaintiffs from pursuing tort claims — including negligence — when their losses are purely economic and arise from a contractual relationship. In practice, this means a party who suffers financial losses but no physical injury or property damage must pursue those losses through a contract claim, not a tort claim. The rule is not without limits — Oklahoma courts have carved out exceptions, particularly in cases involving fraud and certain professional relationships.
