Were you or a loved one seriously injured in an assault in Oklahoma City, Oklahoma? Call McIntyre Law for a free consultation at (405) 917-5200. Our Oklahoma City assault injury lawyers can help you pursue a civil claim and seek the damages available under Oklahoma law.
We have 165 years of combined experience and have recovered over $900 million for clients to date. Call today to learn more about your legal rights and options going forward, as well as how we can help.
Why Choose McIntyre Law After an Assault Injury in Oklahoma City, OK?
Being the victim of an assault is a traumatic experience; the legal process that follows can feel overwhelming. The last thing you need at this time is to navigate a complicated civil claim on your own while the other side looks for ways to avoid paying what you deserve.
The Oklahoma City personal injury lawyers at McIntyre Law know how assault injury cases work in the civil system and will do everything in our power to help ensure you recover maximum compensation.
Some of the reasons clients in Oklahoma City, OK choose our personal injury law firm include:
- A proven history of recovering significant compensation for injury victims
- The ability to pursue claims against both the attacker and negligent third parties
- Experience handling cases that involve overlapping criminal and civil proceedings
- A thorough approach to documenting injuries and calculating the full value of your damages
- A commitment to treating every client with respect and keeping you informed throughout the process
Contact our Oklahoma City assault injury attorneys today for a free consultation. We’re ready to go to bat for you right away.
Can I File a Civil Lawsuit After Being Assaulted in Oklahoma?
Yes. Oklahoma law gives assault victims the right to file a civil lawsuit seeking compensation for their injuries. This is a separate legal action from any criminal case the state may bring against your attacker, and it operates under a different set of rules.
One of the most important differences is the burden of proof. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt.” In a civil lawsuit, you only need to show that the defendant is liable by a “preponderance of the evidence,” which means it is more likely than not that they caused your injuries. This lower standard means you can win a civil case even if the attacker was never charged with a crime or was found not guilty in criminal court.
Because criminal and civil proceedings serve different purposes and apply different legal standards, the outcome of one proceeding does not necessarily determine the outcome of the other.
Who Can Be Held Liable for My Assault Injuries?
The person who attacked you may be held responsible for the injuries and losses caused by the assault. A civil claim against the attacker is separate from any criminal charges the state may pursue.
Depending on the circumstances, the attacker may be responsible for medical expenses, lost income, pain and suffering, and other damages resulting from the assault. However, the attacker may not be the only party that could be held liable.
Can a Property Owner Be Liable for an Assault?
Third parties may also be liable if their negligence contributed to the circumstances that allowed an assault to occur. These cases may involve premises liability law.
Property owners and businesses are not automatically responsible for every criminal act that occurs on their premises. However, depending on the circumstances, a business may have a duty to take reasonable steps to protect customers or other visitors from criminal acts by third parties.
Factors that may be relevant when investigating a negligent security claim include:
- Whether there was a known history of criminal activity at the property
- Whether the property had adequate lighting in common areas
- Whether doors, locks, gates, or other security measures were properly maintained
- Whether security personnel were present when circumstances called for them
- Whether the property owner knew or had reason to know about a particular danger
Whether a property owner can be held liable depends on the specific facts of the case. An attorney can investigate what the owner knew or had reason to know about the danger, the security measures in place, and whether a negligent third-party claim may be available.
What Damages Can I Recover After an Assault in Oklahoma City?
If you can establish liability, Oklahoma law allows you to seek both economic and non-economic damages. Together, these are meant to make you whole again as best as the law can in a financial sense.
Economic damages cover the direct financial impact of the assault. These may include:
- Emergency room visits and ongoing medical treatment
- Future medical expenses related to the injury
- Lost wages from time missed at work
- Reduced earning capacity if the injuries are long-term
- Costs for therapy
Non-economic damages account for the personal toll the assault has taken on your life. These may include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Scarring and disfigurement
- Trauma
- Disability
Punitive damages may also be available in some cases. Oklahoma law permits punitive damages under specified circumstances involving conduct such as reckless disregard for the rights of others or intentional conduct with malice. These damages are intended to punish wrongful conduct rather than compensate the victim for a loss.
How Much Is My Oklahoma City Assault Injury Case Worth?
No two assault injury cases are the same, and there is no set formula for calculating what your claim may be worth. Cases involving the most severe injuries generally result in higher compensation, but several other factors play a role as well.
Some of the things that can influence the value of your case include:
- The nature and severity of your injuries
- Whether you are expected to make a full recovery
- Whether your injuries cause permanent impairments or disabilities
- The strength of the evidence supporting your claim
- Whether a negligent third party may also be liable
- How significantly the injuries affect your ability to work and daily life
- The insurance coverage or financial resources available
- Whether comparative negligence applies to any negligence claims
- Whether the case settles or proceeds to trial
An experienced assault injury attorney can evaluate all of these factors and help you understand what a fair recovery looks like for your situation. Call our law offices today for more information about your claim and how much it might be worth.
How Much Does It Cost to Hire an Assault Injury Lawyer in Oklahoma City?
Most assault injury attorneys in Oklahoma City work on a contingency fee basis. Instead of paying upfront or by the hour, your attorney only gets paid in terms of attorney’s fees if they successfully recover compensation for you.
If your case results in a settlement or jury verdict, your attorney’s fees will come out of that recovery as an agreed-upon percentage. You will sign a contingency fee agreement at the beginning of the process that spells out the exact terms so that you won’t be caught off guard.
What if I Am Partially Blamed for My Assault in Oklahoma?
Comparative negligence may become an issue when an assault injury case includes a negligence claim against a third party. Under Oklahoma law, an injured person’s negligence generally does not bar recovery unless their share of negligence is greater than the negligence of the person or parties responsible for the harm. Any recovery may be reduced in proportion to the injured person’s share of negligence.
The rules that apply can depend on the legal claims and facts involved. An experienced assault injury attorney can review the circumstances and determine whether allegations of comparative negligence could affect your case.
How Long Do I Have To File an Assault Injury Claim in Oklahoma?
The time you have to take legal action depends on the type of claim you are filing. Under Oklahoma law, a civil lawsuit for assault or battery must be filed within one year of the date the assault occurred. This is one of the shortest deadlines in Oklahoma’s civil system, and missing it almost certainly means losing your right to pursue compensation from the attacker.
If your claim involves a negligent third party, such as a property owner who failed to provide adequate security, the deadline is two years from the date of the incident. While this gives you more time, building a strong premises liability case takes effort, and key evidence can disappear quickly.
The safest approach is to consult with a lawyer as soon as possible after the assault. The earlier your legal team gets involved, the better your chances of preserving the evidence that matters most.
Schedule a Free Consultation With Our Oklahoma City Assault Injury Attorneys
If you were injured in an assault in Oklahoma City, you may be entitled to significant money damages by filing a civil claim. However, the defendant won’t make the process easy and will do whatever they can to minimize their liability.
McIntyre Law has secured substantial recoveries for our clients since our founding and will work just as hard for you from the start. Contact us today to schedule a free initial consultation with an Oklahoma City assault injury lawyer. We’re here 24/7 to take your call.