What Is the Statute of Limitations for a Personal Injury Suit in Oklahoma?

In Oklahoma, the law allows two years from the date of the accident to file a personal injury lawsuit against the at-fault party. While there are some limited exceptions to this rule, the important thing is to act quickly after an accident. Crucial evidence can deteriorate or disappear if you wait too long to hire a personal injury attorney. Missing the filing deadline means the courts will likely dismiss your case, and you will lose your chance to pursue compensation in court.

At Edwards & Patterson Law, our Tulsa personal injury attorneys firmly believe in seeking swift justice for our clients. The sooner you speak with one of our attorneys, the more we can do to help you.

Contact us now to discuss your options for free.

Why Does Oklahoma Have a Statute of Limitations for Personal Injury Claims?

Like all states, Oklahoma has a time limit for filing lawsuits after an accident. But why do states have these laws? Shouldn’t people have however long they need to seek justice? Unfortunately, it’s not that simple.

Here are a few reasons Oklahoma has a statute of limitations for personal injury cases:

• Preserving Evidence – These statutes are crucial in preserving evidence that may otherwise degrade or be lost over time, ensuring claims are based on reliable information and testimony.
• Protecting Defendants – These laws guard defendants’ rights by preventing them from living in perpetual fear of a lawsuit, establishing a concrete period after which they have legal immunity.
• Encouraging Timely Filing – The statute encourages aggrieved parties to pursue their claims expeditiously, ensuring that matters are resolved while they remain relevant and memories are still fresh.
• Efficiency of the Legal System – Limitation periods also aim to preserve the efficiency and efficacy of the legal system by preventing it from becoming overburdened with stale and outdated claims.

Should I File My Lawsuit Immediately After My Accident?

In the aftermath of an accident, people often want to file a lawsuit right away. While the impulse to secure justice through a personal injury case is natural, it is generally wise to pause before filing a lawsuit. However, it is crucial to seek legal advice from an attorney as soon as possible to strategically plan the right time to file a personal injury claim.

Here are compelling reasons why waiting before filing a lawsuit can help your case:

• Accurate Assessment of Injuries – Waiting allows you to gain a comprehensive understanding of your injuries. By doing so, you can include the long-term consequences of your injuries in your claim.
• Thorough Compilation of Your Expenses – A slight delay gives you time to calculate all your personal injury damages related to the accident, including your immediate and future medical needs, lost wages, pain, and suffering.
• Strategic Legal Planning – Time allows you and your attorney to construct a robust legal strategy and craft a compelling case.
• Negotiation with Insurance Companies – Utilizing the window before filing allows you to negotiate with the insurance company, potentially negating the need for a lawsuit.
• Psychological Readiness – Legal battles demand mental and emotional resilience. A brief hiatus allows you to recover and prepare psychologically for the forthcoming legal endeavors.
• Avoiding Rash Decisions – Delaying a lawsuit ensures you have time to avoid making decisions in haste or under duress.

What Happens If My Lawsuit Is Not Filed Before the Deadline?

If you wait more than two years to file a personal injury lawsuit and do not meet one of the narrow qualifications for an extension, the civil court will automatically throw out your case, even if you have strong evidence showing how someone else caused your injuries. You must file your lawsuit within the time limits outlined in the Oklahoma statute of limitations to hold the at-fault party responsible through the civil court system.

Contacting our attorneys as soon as possible after your injury date is the best step you can take to protect your rights and avoid problems with the two-year statute of limitations for personal injury cases.

Can the Statute of Limitations Be Extended Beyond the Two-Year Limit?

While the time limit for most Oklahoma personal injury claims is two years, state laws do allow for some exceptions in certain circumstances. Some cases where it’s possible to extend the two-year deadline for filing a legal action include:

• Cases Involving Minor Children – If the injured person is a child under 12, their parents have up to seven years from when the accident occurred to file a personal injury claim. Meanwhile, children between 12 and 17 have until one year after their 18th birthday to file. Concurrently, parents of children ages 12 to 17 can seek compensation for the child’s medical expenses as long as they file within two years of the accident date.
• Mental Incapacitation Post-Accident – If someone is incapacitated in an accident and the courts deem them mentally incompetent, the two-year countdown pauses. The countdown resumes once the injured party recovers from their incapacity and can participate in legal proceedings.
• Hidden Injuries and the Discovery Rule – In scenarios where someone’s injuries are not immediately apparent, the discovery rule might apply. This rule states that plaintiffs with hidden injuries have two years from when they discovered or reasonably should have discovered their injuries to file claims. However, this rule does not apply to all cases, so don’t count on having extra time until you talk to a lawyer.
• Defendants Leaving the State – In instances where the defendant flees the state, the two-year countdown halts until they return.

Is the Statute of Limitations Different If the Lawsuit Is Against the Government?

The statute of limitations is much shorter when a personal injury claim involves a government entity, employee, or contractor. In these cases, Oklahoma law requires plaintiffs to file their lawsuit within one year of the accident. This reduced filing window makes it essential to speak to an attorney immediately after any accident involving governmental negligence.

Contact an Oklahoma Personal Injury Lawyer

The best thing you can do to reduce your stress and safeguard your rights after an accident is to talk to our lawyers immediately. The Tulsa personal injury lawyers at Edwards & Patterson Law have more than four decades of experience helping people in Oklahoma residents. We’re ready to file a lawsuit for you in a timely manner to pursue the compensation you deserve. While you rest and heal, we’ll build your case and open negotiations with the insurance companies, leaving you to focus on your recovery.

Call us today or complete our contact form for a free consultation about your personal injury case.