Oklahoma Lawsuit From Intentional Assault

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Oklahoma Assault Victims and Injury Lawyers

Many people think that the law of personal injury involves only those actions that are negligent or reckless in nature, but that simply is not the case. Personal injury law in Oklahoma also envelops those acts that are basically intentional in nature, and many times, these acts can be more traumatic to the victim than those who are victims of mere negligence.

Negligence or Intentional Assault in Oklahoma

The most logical starting point for explaining the situation encountered by assault victims in Oklahoma is to describe the inherent differences between cases founded on a theory of negligence versus those that claim that an intentional tort was committed. There are two overriding differences between these two types of cases, and the distinctions are important.

Intent to Commit Assault

Intent to Commit Assault in Oklahoma

The first difference concerns the mindset of the defendant in the action. Specifically, a defendant who is sued based on a theory of negligence is charged with acting, or failing to act, in a way that’s similar to what a ‘reasonable person’ would have done or not done in a similar situation. The defendant could very well have had nothing but the best intentions in a negligence case, but if his or her conduct was seen as unreasonable, he or she could be found liable for the injuries and damages suffered by the plaintiff.

In a case involving an intentional tort, the defendant’s mindset is important and usually must be proven in order for liability to attach. In the case of an assault victim, the plaintiff must show that the defendant had some sort of intent in regards to either inflicting harm on the plaintiff or at least making the plaintiff think that harm was imminent. While this can be somewhat difficult to prove depending on the circumstances, successfully doing so can create additional options in regards to damages for the successful plaintiff.
Suing for Damages

Suing for Damages from Assault

Generally speaking, if a defendant is found liable under the theory of negligence, the plaintiff is entitled to recover damages under several theories. These include lost wages, medical expenses already incurred and those likely to be incurred in the future, damages for emotional distress and pain and suffering and even loss of companionship in certain situations. However, it is statistically extremely rare for a successful plaintiff to recover punitive damages if the defendant is simply found to be negligent.

Oklahoma Assault Defined

Oklahoma Assault Defined

Of course, assault victims in Oklahoma unfortunately gain a firsthand perspective on what constitutes an assault in Oklahoma. Generally, an assault is defined as “[A]n attempt to commit a battery, or the intentional placing of another in apprehension of receiving an immediate battery.”-Oklahoma Statutes

Although the definition above is a criminal statute, this definition is formulated from a foundation of common law, or basically laws that led to current statutes. Therefore, assault victims in Oklahoma must prove the following in order to obtain a recovery of damages:
  1. That he or she was in a situation that could have led to immediate harm;
  2. That the defendant created the situation in which harm could reasonable be inferred to have been inflicted immediately;
  3. That the assault victim’s fear of an imminent battery was a reasonable fear; and
  4. The plaintiff suffered damages as a result.
If the assault victim successfully proves his or her case, then he or she will likely recover damages. However, unlike a criminal assault case, the plaintiff does not need to prove beyond a reasonable doubt that he or she is an assault victim. The evidentiary standard basically states that the plaintiff must show that the situation that occurred was more likely to have occurred than not to have occurred, which is a lower standard of proof for the plaintiff.
 

Contact an Oklahoma Lawyer

As you see, there is much involved with proving your case if you’ve been a victim of assault in Oklahoma. If you or someone you love has suffered in this manner, contact the Oklahoma law firm of Atkins & Markoff immediately to schedule an initial consultation.

These acts are generally called intentional torts, and the Oklahoma law firm of Atkins & Markoff has spent years fighting for the rights of assault victims and victims of other intentional torts. If you or someone you love is an assault victim, contact the firm immediately to schedule an initial consultation.
 




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  • Oklahoma Personal Injury Lawsuits

  • Personal Injury Attorney Fees

  • Statute of Limitations

  • Featured Personal Injury Testimonials

  • Oklahoma Injury Lawsuits Explained

    If you are researching what a personal injury lawsuit in Oklahoma entails, this section of our website is going to explain to you how a lawsuit works, how to determine negligence and how to obtain monetary reward commonly called a settlement. First, determine if there has been an injury. If there has been an injury like a broken bone, laceration, back injury or even a wrongful death and the injury was caused by the negligence or irresponsibility of another, there could be grounds for a personal injury lawsuit. Now that you have determined that there has been an injury caused by the negligence of another person or party, a personal injury attorney can be obtained to negotiate your personal injury claim for you. Our personal injury attorneys do not get paid unless they win your case, so don't be preoccupied with being able to afford to file a personal injury lawsuit in Oklahoma. Finally, your Oklahoma personal injury lawyer will determine what your personal injury case is worth. They will determine this by evaluating many factors including your hospital bills, your income, the severity of your injury.

  • Personal Injury Lawyer Fees

    Personal injury attorneys fee's work different than most other lawyers fee's. You do not need to pay anything in advance out of your pocket, so you can definitely afford to hire an Oklahoma personal injury attorney. A personal injury attorney gets paid a percentage of your lawsuit settlement. What that means is that if your lawyer doesn't win your case for you, your lawyer doesn't get paid.

    In Oklahoma, most injury attorneys charge a fee between 30% and 40% of your settlement. During your interview process with an attorney, they will inform you of the fee they normally charge. Fee's will fluctuate depending on the type of case. An Oklahoma personal injury attorney will charge a different percentage depending on the type of case.

  • Personal Injury Statute of Limitations

    Personal injury claims must be brought within two years in the State of Oklahoma. Further, under Oklahoma law, a minor has one year after his or her eighteenth birthday to file a personal injury claim.

    If the statute of limitations expires before a personal injury suit is brought, a claimant faces the possibility of having his or her case dismissed due to untimely submission. Therefore, it is critical to contact an experienced attorney as soon as possible following a personal injury, to protect your legal rights and any compensation that is due.

  • Featured Personal Injury Testimonials

    "...the settlement I received was tons more than I ever expected..."

    "Everyone needs an Attorney at least once in their life! Walking through the door of Atkins and Markoff is by far the best move you could make! All of their staff are on top of any problem you could ever have. I felt like they were my friends and they really cared about what was happening with me! Not to mention that the settlement I received was tons more than I ever expected!!

    Thank you Daniel and Jerri for all the hard work that you have done , I greatly appreciate you for everything!!"

    - Amie from Oklahoma City

    Read more Testimonials here.