Personal Injury Mediation in Oklahoma
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Oklahoma, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$10,000 – $50,000
Avg Settlement
How Mediation Works in Oklahoma
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Oklahoma. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Oklahoma Injury Law Overview
Oklahoma applies modified comparative fault with a 51% bar. The statute of limitations is 2 years. Oklahoma does not require no-fault PIP insurance. Oklahoma's oil and gas industry is a major source of serious injury litigation, including wellhead blowouts, pipeline explosions, and oilfield equipment accidents. Tornado-related premises liability cases and agricultural equipment injuries are also common. Oklahoma has no general cap on compensatory damages for most personal injury cases. Oklahoma's tiered punitive damages system caps punitive damages based on the degree of wrongdoing — reckless disregard versus intentional malice. Medical malpractice in Oklahoma has a 2-year statute of limitations and requires a certificate of merit from a qualified health professional. Workers' compensation in Oklahoma was significantly reformed in 2013, transitioning from an administrative system to a court-based system under the Oklahoma Workers' Compensation Commission. Uninsured motorist coverage is strongly recommended given Oklahoma's relatively high rate of uninsured drivers.