If you have sustained injuries as a result of another person’s negligence, you have a right to be compensated for your medical bills and lost income, as well as, for your and pain suffering. However, whether you were injured in car accident, a slip and fall accident, by a faulty product or medical malpractice, state law allows you only a limited amount of time to file a personal injury claim. Knowing how long you have to file a personal injury claim in Oklahoma will help you protect your rights and receive the compensation you deserve.
Oklahoma statute of limitations vary depending on the type of case you are filing and who the plaintiff is. The statute of limitations for personal injury law are as follows:
- Two years from the date of the injury for a Personal Injury, such as a car accident, a slip and fall accident etc.
- Two years from the date that the act causing the injury occurred for Medical Malpractice, unless you are a minor under the age of twelve or incompetent. In this case, the parent or legal guardian has up to seven years from the date that the act causing the injury occurred to file on behalf of their behalf.
- Two years from the date you suffer the injury for Product Liability.
- Two years from the date of death for Wrongful Death.
Exceptions to these rules exists where 1) the injury was not discovered until late, 2) you were legally disabled at the time of the incident or 3) the plaintiff is a minor, in which case they have until one year after turning eighteen to file.
There are also special requirements for filing a claim against the state or local government. For instance a claim must be brought against the state or its political subdivisions within 90 days of the injury or whatever damages awarded will be reduced by 10 percent. No claims against the state or its political subdivisions will be accepted after one year from the date of the injury.
Oklahoma statutes of limitations serve the following purposes:
1. To act as an incentive for those injured to bring cases against those at fault in a timely and efficient manner.
2. To encourage lawsuits to be brought while the evidence is still fresh.
3. To make personal injury law more fair to defendants by protecting them from unexpected lawsuits resulting from events that happen far in the past.
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Waiting too late to file a personal injury claim can have devastating consequences for your ability to receive compensation for your injuries. The time period for statute of limitations begins on the day the incident occurs. If you file after the statute of limitations has expired you will be barred from receiving any compensation for your injuries. So, if you have been injured and feel that you deserve compensation, its important to act fast. To find out exactly how long you have to file your Oklahoma personal injury claim, contact a Tulsa personal injury attorney at (918) 924-5528 to help you determine whether or not you have a personal injury case in Oklahoma.
