In every state, courts place a time limit to sue for personal injury. These time limits are called statutes of limitation. Oklahoma is no different. It places a time limit on a person’s ability to sue in the case of personal injury as well as in other types of lawsuits.
Oklahoma Time Limit for Filing a Personal Injury Lawsuit
In general, Oklahoma law allows a person two years from the date of the injury to file a lawsuit in a personal injury tort. Okla. Stat. tit. 76 § 5.5. A tort is either an act or an omission that causes another person harm and for which the wronged person may seek damages in a civil court. This includes such things as auto accidents, slip and fall cases, other negligence cases, professional malpractice cases, and the like. In all these cases, one person causes injury to another.
Most of the time, these instances are accidental. However, there are cases in which a tort is committed intentionally, such as an assault. The time limit to sue for personal injury from an intentional tort is two years as well.
What Happens If You Fail to File Within the Appropriate Time Limit?
Failing to file a lawsuit within the time limit set out by law bars the suit. Even filing one day late can cause a court to dismiss the lawsuit, prohibiting a person’s ability to recover damages they might otherwise be entitled to. Once you lose your right to sue, you lose all leverage in any settlement negotiations.
Sometimes, settlement negotiations seem promising between a victim and the culpable party or their insurance company. It can seem like filing a lawsuit is unnecessary when the negotiations look promising. However, these negotiations may not yield you a settlement truly appropriate to your level of injury. For this reason, it’s important to consult with an experienced Tulsa personal injury attorney with regard to your case.
Exceptions to the Time Limit Deadline
There are certain situations recognized by Oklahoma law that will extend the time in which a person may file a personal injury lawsuit. For example, a person who is suffering from a disability may have longer to file. This disability can be legal, physical, or mental.
An example of a legal disability involves an injured minor. The minor will have an extended period of time to file a lawsuit. The minor must come of legal age before they can file. The time limit is extended or tolled until they can legally file. In this case, the minor has one year after they come of age, 18 years old, to file their lawsuit. Okla. Stat. tit. 12 § 96. There are special rules for an injured minor under the age of 12 years. If this is your situation, be sure and seek the help of an experienced personal injury attorney in Tulsa as soon as possible.
The limitations statute is often tolled as well in situations in which the potential defendant goes into hiding or leaves the state as well as in situations in which the injury is not discovered until later. When the potential defendant reappears or the injury is discovered, then the limitations period begins. These cases are often difficult and must be handled with care in order to preserve a person’s legal rights to recovery. These are not cases to be handled on your own. A mistake can be costly.
Bring your case to an experienced Tulsa personal injury lawyer. They can answer your questions and help you recover the damages you deserve.
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Contact your personal injury counselor at (918) 924-5528 or send us a question using the form on the right side of this page.
