Under Oklahoma law, you generally have two years following an accident to file a personal injury lawsuit pursuant to the state’s statute of limitations. If you fail to file your case within this limited timeframe, you can forfeit your right to compensation. Here is more information on this critical aspect of any Oklahoma personal injury case.
What Are Statutes of Limitations?
Statutes of limitations are deadlines for taking certain legal action. They can apply to criminal cases, as well as civil cases. They exist to promote timely filings when evidence is considered more reliable. As time goes on, witness memories can fade, evidence can be lost or destroyed, or other issues with evidence may arise. They also give the defendant a sense of relief because they will have the peace of mind of knowing that a case will not be brought against them. They also prevent a flood of cases from
Oklahoma’s Statute of Limitations for Personal Injury Cases
The statute of limitations for personal injury cases in Oklahoma is two years. This deadline usually begins ticking from the day of the accident. For wrongful death claims, the statute of limitations is two years from the date of death, not the day of the accident, if different. Therefore, if the plaintiff does not file a lawsuit within two years, they can forfeit their right to compensation through the court system.
Exceptions to Oklahoma’s Statute of Limitations
Like with every rule, there are exceptions to the statute of limitations. The statute of limitations is sometimes tolled or paused so that the two-year deadline does not begin ticking on the day of the accident, effectively extending the statute of limitations. Examples of when there may be more than two years to file a personal injury case include the following:
- Minor victim: If a minor is injured in the accident, they have until their 19th birthday to file a claim. If parents file a claim on their behalf, they have seven years after the injury if their child was under 12 at the time of the accident or two years if older.
- Incapacitation: If the victim was mentally incapacitated due to their injuries, the victim has two years from the date their capacity is restored.
- Defendant left jurisdiction: If the defendant left the state of Oklahoma or hides, the statute of limitations is paused until they can be located.
- Discovery rule: If the victim was not aware of their injury and reasonably could not have discovered it, the two-year window begins when the victim discovers their injury.
These exceptions can be complicated, so it is critical that you work with an experienced attorney who can evaluate your situation and advise if any of them apply to it.
Contact an Oklahoma City Personal Injury Lawyer for a Free Case Review
If you were injured in an accident that was someone else’s fault, do not hesitate to contact the Oklahoma Injury Law Firm for assistance. If our attorneys take on your case, we can take swift legal action to protect your rights. Contact us online or call us at (405) 310-8800 for a free consultation.