Most people considering filing personal injury lawsuits in Oklahoma are subject to a two-year statute of limitations. Under Oklahoma state statutes, the date of injury is usually the date when the countdown begins.
However, in some cases, internal injuries or illnesses may take time to diagnose. In such cases, the date of diagnosis or discovery of the medical condition at issue may be the date that applies for the purposes of the statute of limitations.
There are several key exceptions
If minors sustain injuries caused by other people or businesses, the law tolls the statute of limitations until their 18th birthday. They then have two years from that date to take legal action.
Those intending to file claims against Oklahoma government entities generally only have one year under the Oklahoma Governmental Tort Claims Act. Those injured by city buses, unsafe roads or municipal vehicles must act quickly. Finally, in a wrongful death litigation scenario, the date that applies is the date of the person’s passing, not the date of their initial injury.
What happens if people miss the filing deadline in Oklahoma?
Those who do not file a lawsuit before the statute of limitations expires in Oklahoma typically lose the right to take legal action.
Does the two-year statute of limitations apply to car crashes?
Yes, the statute of limitations applies to motor vehicle collisions.
What if the driver at fault for a crash was a government employee?
If an at-fault driver was a government employee, then the shorter timeline for a government claim may apply. If they were on the clock or in a vehicle owned by a government agency, the injured party generally only has one year to file a lawsuit.
Consulting with the team at Stipe & Belote, LLP before the statute of limitations passes can help those injured by others seek justice. Injured people and grieving families can contact the firm by calling 405-507-7864 or clicking here.