Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
After an auto accident in Oklahoma, your injury claim follows several phases. Each phase has its own timeframe. Actual timing varies by case complexity, injuries, and insurance response.
1. Reporting and Initial Investigation (Days 1–30)
Immediately report the crash to your insurer—ideally within 24 to 72 hours. Provide police reports, photos, witness statements and medical records. Insurers usually complete their fact‐gathering in 2–4 weeks.
2. Demand Letter and Settlement Negotiations (Months 1–6)
Once investigation ends, you or your attorney sends a demand letter outlining your injuries, treatment costs and lost wages. The insurer reviews and may counteroffer. Many claims settle in 2–6 months after filing this demand.
3. Filing Suit and Statute of Limitations
If negotiations stall, you must file a lawsuit before the statute of limitations expires. Oklahoma law sets a two-year deadline for personal injury claims under Okla. Stat. tit. 12, § 95. Learn more: Okla. Stat. tit. 12 § 95.
4. Discovery and Pretrial Proceedings (Months 6–18)
After filing, both sides exchange evidence under the Oklahoma Rules of Civil Procedure. You may undergo depositions, expert reports and written questions. Courts aim to complete discovery within 9–12 months, but complex injuries can extend this phase.
5. Trial or Final Settlement (Months 12–24+)
If you cannot settle during discovery, the case proceeds to trial. Trials in Oklahoma civil courts often occur 12–24 months after filing. A post-trial appeal can add another 6–12 months.
Overall Timeline Summary: 6 months for most pre-suit resolutions; 12–24 months if suit is necessary; longer if appeals arise.
Helpful Hints
- Document everything: Keep all medical bills, repair estimates and wage records.
- Communicate promptly: Respond to insurer requests quickly to avoid delays.
- Track deadlines: Note the two-year statute of limitations under Okla. Stat. tit. 12 § 95.
- Consider early legal counsel: An attorney can expedite negotiations and protect your rights.
- Be realistic: Complex injuries and liability disputes often take longer to resolve.