What Is the Oklahoma Statute of Limitations for Personal Injury?

Life quickly gets hectic after a car accident. Medical tests, follow-up visits, and accident recovery are just the tip of the iceberg. The stress of missing work and paying unexpected bills can put you in survival mode for months following the accident. When the dust starts to settle, you may wonder if a personal injury claim could help your financial recovery. Have you waited too long?

The Oklahoma statute of limitations for personal injury claims states that a claimant has two years from the date of the injury to file a lawsuit.

However, that’s the deadline to file a lawsuit, not to get started on your claim! It’s always in your best interest to begin investigating your case right away so that valuable evidence does not get lost. In addition, there are several exceptions to the statute of limitations for personal injury claims.

The best approach after an injury is to contact an experienced personal injury lawyer as soon as possible. They can develop a strategy for your unique circumstances and start gathering all the evidence they need to put together a strong personal injury case.

Exceptions to the Statute of Limitations Two Year Limit

For most personal injury cases, two years is plenty of time to begin filing claims. But in other cases, it makes sense to allow more time for victims to seek compensation for someone else’s negligence.

Oklahoma law allows for extra time in certain situations, including the following:

• The victim was a minor at the time of injury. Generally speaking, minors have one year after their 18th birthday (or two years after the injury, whichever is later) to pursue personal injury damages as a legal adult, if their parents have not already raised a personal injury case to recover damages on their behalf. (One exception: if a child younger than 12 is the victim of medical malpractice, their parents have up to 7 years to file a claim.)
• The victim did not discover the injury or harm right away. The “discovery rule” allows a personal injury lawsuit to be filed two years from the date that the injury was discovered, or reasonably should have been discovered had the victim done their due diligence.
• The victim died. In the unfortunate situation that a victim passes away as a result of their injuries, Oklahoma’s statute of limitations for a wrongful death claim is two years from the date of the incident.
• Governmental negligence. For claims against a government entity, there may be unique laws and requirements. The Oklahoma statutes of limitations for these types of claims can be much shorter—such as one year to file a notice of claim, and only 180 days to file a lawsuit if your initial claim is denied.

The laws are more complicated and detailed than what is shown here, so for questions about your specific case, it is better to seek legal advice from a professional. Your personal injury claim, or the type of injuries suffered, may fit a different set of rules. For example, a car accident claim is almost always limited to two years from the date of the accident.

RELATED: How Long After a Car Accident Can Injuries Appear?

Talk to a Lawyer As Soon As Possible

If the statute of limitations has passed, the Oklahoma court will likely dismiss your case. If you don’t qualify for any exceptions to the statute of limitations, even a good lawyer may not be able to help you with your lawsuit.

However, if you are still within the time limit, or your case fits one of the exceptions, you should ask a lawyer for their legal opinion of your personal injury lawsuit. This is especially true if it has been some time since the injury date.

If you did not initiate a personal injury claim in a timely manner, hiring a skilled attorney will increase the likelihood of a fair settlement. The more time that passes, the more difficult it is to get eyewitness accounts, uncover valuable evidence that can prove the at-fault party, and negotiate with the insurance company. An experienced lawyer, who has seen many of these personal injury cases, will have the skills and knowledge to use whatever evidence they can uncover to help you get fair compensation.

Since the clock is ticking, if you wait too long to talk to an attorney, it can make their job more difficult. There are many steps that come before filing, since it takes time to build a strong case. This involves investigation, collecting evidence, collating medical records and history, notifying the insurance company of intent to file, and prelitigation negotiations. If the filing deadline is too close, they may have to rush these steps.

More time can also benefit the defendant. It’s more likely that you slip up when talking to an insurance adjuster, post something to social media that may hurt your case, or experience other medical issues that complicate your injury claims.

The bottom line is that whether it’s been hours or months since your accident, the best time to get in touch with an experienced attorney is always now. A good lawyer can guide the injured party toward the best timing and strategy for filing lawsuits, within the limitation period.

RELATED: How to Deal With an Insurance Adjuster After a Car Accident in Oklahoma

Which Oklahoma State Laws Apply To Your Case? Contact The Wolf Pack™ for Answers!

When you’ve been injured, call The Wolf Pack™ for help. We are committed to getting justice for our clients, and we will aggressively fight for you, all the way up to the Oklahoma supreme court if needed. We know that personal injury claims can be incredibly stressful and difficult, but with The Wolf Pack™ on your side, you can focus on healing while we take on the big dogs.

For more information about your case, including any questions you have about the statute of limitations for your accident, please schedule a free consultation. Contact Colbert Cooper Hill by giving us a call or filling out our online form. We’ll take legal action against the at-fault party to make sure you get fair treatment from the insurance companies.