How Long Do I Have to File a Lawsuit After a Car Accident in OKC?

Even though you may be in the middle of a difficult recovery, it is important to know that there is a deadline for filing a lawsuit and taking legal action after a car accident. If you do not file a lawsuit within the set timeframe, you may never be able to hold the responsible party accountable or obtain compensation for your medical bills, lost income, property damage, and other losses.

As a result, you could be leaving much-needed money on the table. Those funds could help you pay for the expensive and overwhelming costs caused by your car accident and injuries.

How long do I have to file a lawsuit after a collision in Oklahoma City?

Oklahoma gives car accident victims two years to file a lawsuit after being involved in a collision. This means that you generally have two years from the accident date to file your suit and seek compensation for your losses. If you do not meet and follow this deadline, the judge will throw out your lawsuit, and you may lose out on your chance to seek financial recovery for your damages.

Are there exceptions to the time limit in OKC?

Yes, there are a few exceptions to this two-year rule. However, determining whether an exception applies in your case is something your lawyer should do once they have all the facts. In general, some exceptions include:

• If you were a child under the age of 18 at the time of the crash, you have until one year after your 18^th birthday to sue the responsible parties. This means that you have until the day that you turn 19 years old to seek compensation, even if you were 16 years old when the crash occurred.
• If your injuries were hidden or not immediately noticeable after the accident, you may be able to file a lawsuit two years from the date of discovery. This means that if you discovered you had a traumatic brain injury a few weeks after your accident, your deadline to sue may be extended by a few weeks. However, keep in mind that not everyone’s case is granted this extension. You must be able to prove that your hidden injury was discovered late by showing medical records and doctor reports from your hospital or doctor’s office visit right after the accident.
• If you were not considered competent after the accident, the court may extend the deadline to two years from the date you are considered legally competent. A person may be considered incompetent if they are in a coma and cannot make certain decisions, seek legal assistance with their suit, or participate in the standard legal proceedings.
• If the responsible party leaves the state and cannot be found, the time limit may be placed on hold until they can be found or until they return to the state.

It is crucial to be aware of the fact that if your car accident case involves a party who works for the government, your deadline will likely be shorter than two years. In this type of case, you must contact a car accident attorney at your earliest opportunity to find out what you need to do and how to proceed with the legal proceedings as quickly as possible.

Why is it important to not wait until the two-year deadline is approaching?

Even though you may have your hands full with medical appointments, physical therapy sessions, and other types of engagements to help you heal and recover, it is very important that you do not wait until the two-year deadline is approaching to begin working on a lawsuit. Instead, you should start speaking with an attorney, gathering evidence, and building a case right as soon as possible. This is important because:

• You need to preserve evidence. If you wait too long, evidence could disappear or become destroyed quickly after the crash. Therefore, by working on your suit early on, you’ll have a better chance of collecting reliable evidence to support your case. Witnesses will also have fresher memories, which will make their input more valuable.
• You may need money to help you start paying for your bills and expenses sooner. Many people cannot afford to pay for their bills and expenses out of pocket after an accident. As a result, these bills and expenses start to accumulate and become overwhelming. Therefore, by taking action right after your collision, you will likely be able to receive compensation for your losses more quickly.
• You need to protect your rights. If you continue to wait, the deadline may sneak up on you. Therefore, by filing your lawsuit as quickly as possible after the accident, you are less likely to miss the deadline or deal with questions regarding why you waited so long.

It is also normal for issues and challenges to arise during the legal process, which is why you should begin working with a lawyer early on to ensure that there is time to address these issues and challenges appropriately.

What is the point of the two-year deadline for car accident cases?

There are several practical reasons for the two-year deadline for car accident cases in Oklahoma City, including:

• It prevents a person from filing a lawsuit against another person or party many years or decades after the crash occurred. If this was allowed, it would be almost impossible to obtain evidence to support these cases or even to remember accurate facts and details regarding the case.
• It prevents the courts from being too busy or overwhelmed with cases. Although most would argue that the courtrooms are already very busy, by implementing this deadline, judges and jurors are able to mainly focus on cases from the last 24 months.
• It encourages accident victims to get help sooner, which offers closure and allows them to move forward with their lives after the accident. If this deadline did not exist, accident victims may be waiting years or decades for a resolution, meaning their bills and expenses would also remain past due.

The Oklahoma City car accident lawyers at Cunningham & Mears are ready and available to guide you through every step of the legal process. We know and understand that you are likely dealing with a lot right now, which is why we will gladly take some of the burden off your shoulders and ensure that you meet every necessary deadline going forward. By choosing to work with a law firm with over two decades of experience in car accident cases, you can have peace of mind knowing that we will never steer you wrong on what to do in your unique situation. Please call our office or complete our contact form to schedule a free case evaluation and learn more about how we can assist you at our Oklahoma City office today.