Oklahoma Personal Injury Statute of Limitations & Laws 2024

If someone else’s actions caused you physical or emotional harm, you may be able to receive compensation for your injuries by hiring a personal injury attorney. There are laws that govern who can file a personal injury case and when. One of these laws is known as the Oklahoma personal injury statute of limitations.

What Is Oklahoma’s Statute of Limitations on Personal Injury Cases?

Under state law, the legal deadline for filing a personal injury claim is two years from the date of the injury. There are few exceptions to the statute of limitations, and failing to make a timely filing could mean that you are not eligible for relief under the state’s personal injury laws.

Filing a claim soon after the injury has benefits beyond ensuring that the deadline for filing isn’t missed. If you or your attorney need to gather evidence, physical or digital evidence may be easier to collect soon after the injury. Other sources of evidence, such as eyewitnesses, can be much more reliable when their statements are taken soon after the accident in question.

What Types of Personal Injury Cases Are Governed By the State Filing Deadline?

The majority of personal injury cases call under the two-year statute of limitations deadline in Oklahoma. If you suffered the following injuries, make sure to consult with an attorney to see if you have a strong case that can lead to a favorable settlement.

• Car accidents: Injuries sustained in automobile collisions can be life-threatening. Broken bones, cuts, organ damage, and other types of injury can lead to long recovery periods and the need for rehabilitation and therapy. A personal injury lawyer can help you navigate the insurance claims process or represent you in court.
• Slip and fall accidents: Injuries resulting from slips, trips, or falls on someone else’s property can cause head injuries and other types of physical harm. A premises liability attorney can hold the property or business owner accountable for creating an unsafe environment.
• Medical malpractice: Injuries caused by negligent medical treatment or care can provide legal grounds for a medical malpractice claim. Medical malpractice lawsuits are complicated but can result in substantial settlements.
• Assault and battery: Injuries resulting from intentional harm by another person can lead to criminal and civil penalties for the perpetrator of those crimes. Whether or not the assailant faces criminal charges, you can seek monetary compensation by hiring a personal injury attorney to represent you.
• Product Liability: Injuries caused by defective products or goods can qualify for a personal injury lawsuit. Sometimes, the health consequences of a product’s use aren’t noticed for months or years. By working with a personal injury attorney, you can begin gathering evidence that can potentially lead to a significant settlement or jury award.

What Other Requirements Must I Meet to Qualify for a Personal Injury Lawsuit?

Beyond meeting the statute of limitations, there are several other key requirements that may need to be met before your attorney can file a personal injury claim. The court where your attorney files the case will need to have jurisdiction over the case. This often means that the incident took place in the same county where your attorney files the case.

Once you have found the court that has proper jurisdiction over the case, your attorney will need to determine that the defendant had a duty of care to avoid causing harm to you and others. There must be evidence that this duty was breached, indicating that the responsible party failed to fulfill their obligation of reasonable care.

Your attorney will need to establish that the breach of duty directly caused your injury. This means demonstrating that your injury would not have occurred without the defendant’s actions or negligence. You also have to have suffered actual damages as a result of the injury, such as medical expenses, lost wages, pain and suffering, or other losses.

If you have questions about your eligibility to take legal action against someone who caused you physical or mental harm, consult with a trusted personal injury attorney who can review your case and describe the merits or potential weaknesses of your case.

FAQs

Q: What Are the Exceptions to the Statute of Limitations in Oklahoma?

A: If injuries are not immediately apparent and are discovered later, the statute of limitations may start from the date the injury was discovered or reasonably should have been discovered.

Minors generally have until two years after their 18th birthday to file a lawsuit.

This extended timeframe protects their rights and allows them to focus on recovery before pursuing legal action.

Q: Can a Statute of Limitations Be Extended in Oklahoma?

A: The statute of limitations may be extended in Oklahoma in certain cases. There are a few exceptions to the state’s statute of limitations when it comes to civil matters. Judges have narrow discretion when ruling on whether a case qualifies for an extension of the statute of limitations. As a general rule, plaintiffs should expect to meet this deadline. Timely filing ensures that the courts hear the merits of a personal injury case.

Q: How Does the Statute of Limitations Work in Oklahoma?

A: The statute of limitations is a deadline that encourages litigants to make timely filings that preserve evidence. The countdown for Oklahoma’s statute of limitations begins immediately after the injury occurs. With few exceptions, the courts will not accept a case that is not filed within the two years mandated by law.

Q: How Soon Can I File for Personal Injury Negligence?

A: There is no mandated waiting period for filing a personal injury case. The only legal deadline requires that most types of personal injury cases be filed within two years of the incident that caused the injury. Before taking legal action, it is important to consult with an attorney who can review your case and make recommendations on the right course of action to take.

Schedule Your Oklahoma Personal Injury Consultation Today

If you were recently injured due to someone else’s actions, do not delay consulting with an attorney. Waiting too long could mean that you miss out on the opportunity to hold the at-fault party accountable through the courts.

The trusted team at 222 Injury Lawyers has helped many clients receive favorable settlements. We can work to help you receive fair compensation for your injuries. To schedule your personal injury consultation, contact our office today.