Is There a Statute of Limitations for Personal Injury Claims in Oklahoma?
The last thing you want to worry about after being the victim of an accident in Tulsa is how much time you have, also known as the statute of limitations, to file personal injury claims in Oklahoma.
Accidents are stressful; you are not only dealing with insurance companies, but you are also dealing with doctors and trying to heal yourself. It is close to impossible to advocate for yourself, negotiate with the insurance company, and prepare to file personal injury claims in Oklahoma while you are recovering from an accident.
Although 95 percent of car accident cases end in settlement, it is important to preserve your rights in the chance your case ends up in litigation, so you will be taken seriously and receive a fair settlement offer.
What is a Statute of Limitations?
In every state, there are certain timelines for different types of lawsuits that dictate how long you or your personal injury attorney has to file a claim on your behalf.
For personal injury suits, the states set a period of years in which you must file a claim.
The typical deadline for filing most personal injury cases is two years after the injury. Exceptions include an intentional tort, where the statute of limitations allows filing for one year after someone deliberately caused an injury.
Other exceptions include government torts – claims against public entities – which must be filed within a year after the incident. The Oklahoma statute of limitations for wrongful death claims is longer – generally three years.
Oklahoma Statute of Limitations
Tulsa, Oklahoma law mandates a two-year statute of limitations (starting from the date of the accident) for any personal injury that occurred as a result of an accident and any property damage related to the accident.
It is important to note that the duty to report a claim or accident to the insurance company is not governed by the statute of limitations.
Even though you have two years to file a case in civil court, most insurance agencies require notice “as soon as reasonably possible” or promptly.
This means that you or your personal injury attorney should let the insurance company know as soon as possible that an accident occurred with injury and property damage.
In some cases, it may take days or weeks for an injury to present itself. Insurance companies are also notorious for dragging out your claim and avoiding a settlement right away.
Between injuries that present late and a slow moving insurance process, it is easy to see why the statute of limitations is so important to be aware of; hiring an experienced personal injury attorney as close to the date of your car accident is extremely important in order to preserve your rights and file your lawsuit before the statute of limitations runs out.
Government Entity Statute of Limitations
An exception to the statute of limitations is if the car accident involves a government entity, which requires a different set of procedures to follow.
It can be difficult to determine if your accident did in fact involve a government entity. This serves to illustrate how important it is to obtain professional representation as soon as possible after a car accident.
Oklahoma Wrongful Death Claim Statute of Limitations
Unlike personal injury claims, wrongful death claims stemming from an accident have a different timeline for filing claims.
Under Okla. Stat. 12 tit. 12 § 1053, a family member or a representative of the estate of the person who died as the result of an accident can bring a wrongful death claim as soon as the individual involved in the accident dies.
It is common that the date of the individual’s death is later than the date of the accident, thus the clock does not start running until the victim’s death.
Family members or personal estate representatives have two years from the date of death — not the date of the accident — to file a wrongful death claim.
However, this timeline is established only concerning a claim. If an accident results in death or injury to a victim, the proper authorities (such as the city police or highway patrol) should be alerted immediately.
Additional Statute of Limitations
It is evident that there are a lot of deadlines that need to be met and remembered when pursuing a personal injury claim. This is another reason having a skilled personal injury attorney in your corner is essential.
A particularly important statute (Okla. Stat. 47 tit. 10 § 108) notes that if a settlement has not been made within six months of the date of accident and the damage was $300 or more, a report must be filed with the Oklahoma Department of Public Safety.
However, if a settlement does occur during this time period, then the settlement summary of terms must be filed with the department as soon as the settlement is completed.
Free Consultation with a Tulsa Personal Injury Attorney
Consulting with an attorney as soon as possible in the event you are injured is very important in order to preserve your rights, protect you from the insurance companies, and obtain a fair settlement.
An attorney can help you gather information, inform you of your statute of limitations deadline, and advise you on what you may receive in a personal injury settlement.
Hiring a knowledgeable and experienced personal injury attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa personal injury attorney when you need to go through the Oklahoma personal injury civil process.
For a free, confidential consultation, call 918-924-5528 today.
