When you’ve been injured in Oklahoma due to the negligence of someone else, be it in an a car accident, a slip and fall accident, by a faulty product or otherwise, the first question you need to answer is: how much time do I have to file a lawsuit? The answer to this question will determine if you are eligible to file a lawsuit or not. Waiting too late to file an Oklahoma injury lawsuit can render you ineligible to be compensated for your injuries.
The Statute of Limitations
State law allows you only a limited amount of time to file an Oklahoma injury lawsuit. Oklahoma’s statute of limitations varies depending on the type of lawsuit you are filing, and who you are filing against. The statute of limitations serves the following purposes:
-
To act as an incentive for those injured to bring cases against those at fault in a timely and efficient manner.
-
To encourage lawsuits to be brought while the evidence is still fresh.
-
To make personal injury law more fair to defendants by protecting them from unexpected lawsuits resulting from events that happen far in the past.
Waiting too late to file an Oklahoma injury lawsuit can have devastating consequences on your ability to be compensated. The time period for the 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 ever receiving any compensation for your injuries. Furthermore, waiting too long to file an Oklahoma injury lawsuit can cast doubt upon your claim, as it may be argued that if you had truly been injured, you would have filed sooner.
The Statute of Limitations for Various Oklahoma Injury Lawsuits
Except for cases in which your injuries are discovered late, or if you are a legally disabled person or a minor, the statutes of limitations for filing an Oklahoma injury lawsuit are as follows:
-
Personal Injury – Two years from the date of the injury.
-
Medical Malpractice – Two years from the date that the act causing the injury occurred, 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 the injured party.
-
Product Liability – Two years from suffering the injury.
-
Wrongful Death – Two years from the date of death.
Your Medical Prognosis and Filing an Oklahoma Injury Lawsuit
You should not rush to file an Oklahoma injury lawsuit until your injuries have been thoroughly examined. Your medical prognosis should be as clear as it can be when you file your lawsuit. Sometimes, the full extent of your injuries can be hard to diagnose early on, and it may take some time before you know what sort of continuous care or future treatment you will require. Injuries such as whiplash, for example, can take several days to develop and can give you trouble for a very long time.
For this reason, you may be advised to reject early settlement offers from insurance companies, since they may not adequately compensate you for your medical costs, or the amount of pain and suffering you will have to endure. It is wise to consult with a personal injury attorney before accepting any settlement offer.
Free Consultation: Tulsa Personal Injury Attorney
Once the statute of limitations passes in Oklahoma, you will lose the ability to ever be compensated for injuries and financial losses. In order to avoid this result, contact an experienced Oklahoma personal injury attorney today to discuss filing your Oklahoma injury lawsuit.
For a free confidential consultation and personal injury case evaluation, call Personal Injury Law Office of Tulsa today. There’s no risk and no obligation. Contact your personal injury counselor at (918) 924-5528, or send us a question using the form on the right side of this page.
