What Is the Statute of Limitations on a Personal Injury Claim in Oklahoma?

When it comes to filing personal injury claims and seeking compensation for your damages, Oklahoma follows a specific statute of limitations. Therefore, before you decide to start building a case and pursuing financial recovery, it is a good idea to check the statute of limitations for your type of case.

The statute of limitations can keep you from protecting your rights or collecting compensation from the at-fault party if you wait too long to file a personal injury claim.

What is a personal injury case?

A personal injury case may arise when someone has been involved in an accident due to another person or party’s negligence. Accident victims may need to file personal injury claims to help them pay for their injuries and other related losses. Some of the various types of personal injury cases include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Construction accidents
• Premises liability accidents
• Workplace accidents

Most of these types of accidents become personal injury cases. It is sometimes possible to negotiate a settlement with the party’s insurance company and avoid going to court. However, if the insurance company fails to cooperate, makes things complicated, or tries to lowball you, your attorney may recommend filing a lawsuit instead.

What is the statute of limitations on a personal injury claim in Oklahoma City?

The statute of limitations on personal injury claims in Oklahoma is two years. This means that you have two years from the date of your personal injury accident to file a claim and seek compensation for your losses caused by the accident. While you may be going through an exhausting healing process, it is important that you do not forget about this deadline if you want the opportunity to obtain money to help you pay for the negative effects of your accident. Most of the time, if you do not file your personal injury claim by the two-year deadline, you lose your right to hold the defendant liable and recover damages. However, there are a few exceptions to this rule.

What if I miss the deadline to file a personal injury claim?

If you miss the deadline to file a personal injury claim, exceptions may apply to your case. Therefore, even if you feel hopeless, it is crucial that you reach out to a personal injury lawyer right away. They can immediately begin reviewing your claim’s facts to determine whether you have grounds for an exception. The following are the exceptions to the two-year statute of limitations:

• You were a minor when the accident occurred: If you were under 18 when the accident happened, you have one year from your 18^th birthday to file a personal injury claim and pursue compensation. Therefore, as long as you are not 19 yet, you may still be able to file your claim.
• You were mentally incapacitated or not in your right mind after the accident: If you were determined to be mentally incapacitated in some way after the accident, you may receive an extension on the statute of limitations. This is because if the accident affected or impaired your mental health or cognitive abilities, you most likely could not file a claim, seek assistance from an attorney, or communicate with insurance companies. In cases like this, the deadline may start once you are determined to no longer be mentally incapacitated.
• The other party fled the state or country or is in jail: If the other party involved in your case fled the state or country after the accident, the statute of limitations will be paused for the time being. This gives the authorities time to find them. If it is found that the other party is in jail, this may also be grounds for an exception.
• Your doctor did not find your injury until later on: Some personal injury cases allow an exception if you have hidden injuries that were not immediately discovered. Therefore, if you have proof that you went to the doctor or hospital right after your accident and your injuries were never discovered or mentioned, you may have a little longer to file a claim. You will also need proof of when your injuries were discovered. If your injuries were discovered one or two months later, this exception will give you an additional one or two months to file a claim.

If you have missed the deadline or believe that it is quickly approaching, consult with an attorney immediately.

How do I file a personal injury claim and prove fault for my losses before the deadline?

Although two years seems like a long time to file a personal injury claim, this time limit can quickly pass by when they are undergoing multiple surgeries, going through a tough rehabilitation program, and trying to recover from their severe and catastrophic injuries. That is why you shouldn’t wait to hire a personal injury lawyer with the experience, knowledge, and skills to handle the legal aspects of your case while you concentrate on recovering. They will help you file a claim and prove fault before the deadline by:

• Investigating your accident
• Determining liability
• Retrieving and collecting evidence to support your claim
• Speaking with and working with your medical providers
• Finding and interviewing witnesses
• Calculating losses and determining the worth of your claim
• Communicating with insurance companies

At Cunningham & Mears, we can answer questions or concerns, investigate your accident, explain the statute of limitations in-depth, protect your rights, and help you determine the best course of action to obtain the compensation you deserve. Working with our Oklahoma City personal injury attorneys will ensure that the legal process goes as smoothly and stress-free as possible for you. Call our office or complete our contact form to schedule a free case evaluation in Oklahoma City today.