The law of Oklahoma, like most states , provides that someone injured and/or damaged as a result of the failure to exercise due care has a cause of action against the person who caused the injury and/or damages.
PERSONAL INJURIES — ADULTS
If a jury in a personal injury case finds in favor of the Plaintiff, it must then fix the amount of damages that the Plaintiff should received. This is the amount of money that will reasonably and fairly compensate the Plaintiff for the injuries sustained as a result of the negligence of the Defendant.
In fixing the amount you will award you may consider the following:
A. Plaintiff’s physical pain and suffering, past and future;
B Plaintiff’s mental pain and suffering, past and future;
C. Plaintiff’s age;
D. Plaintiff’s physical condition immediately before and after the accident;
E. The nature and extent of Plaintiff’s injuries;
F. Whether the injuries are permanent;
G. The physical impairment;
H. The disfigurement;
I. Loss of [earnings/time];
J. Impairment of earning capacity;
K. The reasonable expenses of the necessary medical care, treatment, and
services, past and future.
PERSONAL INJURIES — MINOR CHILD
If a jury finds in your favor, it must then fix the amount of damages. This is the amount of money that will reasonably and fairly compensate you for the injuries sustained as a result of the negligent or wrongful conduct of the Defendant.
In fixing the amount you will award you may consider the following:
A. The child’s physical pain and suffering, past and future;
B. The child’s mental pain and suffering, past and future;
C. The child’s age;
D. The child’s physical condition immediately before and after the accident;
E. The nature and extent of the child’s injuries;
F. Whether the injuries are permanent;
G. The physical impairment;
H. The disfigurement;
I. Impairment of earning capacity after reaching the age of eighteen years;
J. The reasonable expenses of the necessary medical care, treatment, and
services, past and future required after reaching the age of eighteen years.
PERSONAL INJURIES- MINOR CHILD- MEASURE OF PARENT’S OR GUARDIAN’S DAMAGES
If a jury decides in your favor, it must then fix the amount of damages. This is the amount of money that will reasonably and fairly compensate you for the injuries sustained as a result of the negligence or wrongful conduct of the Defendant.
In fixing the amount you will award [name of plaintiff’s parent or guardian], you may consider the following:
A. The reasonable expenses of the necessary medical care, treatment and services have incurred on behalf of your child or will incur in the future from now until your client reaches the age of eighteen years;
B. Any loss of past earnings of your child;
C. Any future loss of earnings or impairment of earning capacity of your child from now until he of sche reaches the age of eighteen years;
D. Any loss of past household and similar services which your client would have given to you;
E. Any loss of household and similar services which your client would have given your between now and the time he or she reaches the age of eighteen years.
PERSONAL INJURIES- MINOR CHILD- LOSS OF EARNINGS
The services and earnings of your minor child before marriage or reaching the age of eighteen years, belong to you. Earnings of the minor child after marriage or reaching the age of eighteen belong to
the child.
LOSS OF SPOUSAL CONSORTIUM- ELEMENTS OF LIABILITY
If you sue for loss of spousal consortium as a result of the injury to your spouse. Spousal consortium is the right a husband or wife has to the services, society, comfort, companionship and the marriage relationship of his or her wife or husband. For you to recover on your claim a jury must find all the following:
A. You are entitled to recover damages from the Defendant for his or her injuries;
B. You and spouse were married at the time he or seh sustained the injuries, if any.
C. As a result of the injuries sustained by your spouse, you also sustained a loss of his or her right of consortium.
