In Oklahoma, state law sets a strict time limit, known as the statute of limitations, for filing personal injury lawsuits after an accident. Understanding these deadlines helps protect your right to recover damages.
Detailed Answer
Under Oklahoma law, you generally have two years from the date of the accident to file a personal injury lawsuit. This rule appears in 12 O.S. § 95(4). If you miss this deadline, a judge will likely dismiss your case, and you lose the legal right to claim compensation.
Key points:
- Start date: The clock begins on the date you suffer physical harm in the accident.
- Minors and disability: If the injured person is under 18 or mentally incapacitated, Oklahoma law may extend the deadline. The two-year period typically starts when the disability ends. See 12 O.S. § 97.
- Government entities: Claims against cities, counties, or state agencies require filing a notice of claim within 180 days under the Governmental Tort Claims Act. See 51 O.S. § 156.8.
- Exceptions: Certain injuries (e.g., medical malpractice, wrongful death) follow similar two-year rules but may have unique notice requirements.
Why Deadlines Matter
Courts strictly enforce statutes of limitations. Early investigation ensures you preserve evidence, gather witness statements, and meet all legal requirements. Waiting too long can result in a dismissed claim.
Helpful Hints
- Begin your claim preparation immediately after medical treatment.
- Keep detailed records of medical bills, repair estimates, and correspondence.
- Consult an attorney familiar with Oklahoma personal injury law before deadlines expire.
- Verify any special notice requirements if a government agency is involved.
- Ask about tolling rules if the injured party is a minor or incapacitated.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation before taking any action.