Table of Contents
Introduction
Personal injury claims arise when an individual suffers harm, injury, or loss due to someone else’s fault or negligence. Such injuries can occur in a variety of situations, including car accidents, slip and falls, workplace incidents, and medical malpractice. In Oklahoma, like other states, time limits, known as statutes of limitations, restrict the time a plaintiff has to file a personal injury claim. The statute of limitations varies based on the type of injury and the circumstances of the case.
Statute of Limitations on Personal Injury Claims in Oklahoma
A statute of limitations is a legal deadline for filing a lawsuit. Once the time period has passed, the plaintiff loses the right to bring the claim, and the court will not hear the case. The length of the statute of limitations differs for each state and type of case. In Oklahoma, the statute of limitations for personal injury claims is generally two years from the date of the injury or accident.
Exceptions to the Two-Year Rule
Exceptionally, there are several exceptions to the two-year deadline. These exceptions include:
Medical Malpractice Claims
For medical malpractice claims, the statute of limitations is two years from the date of the injury or one year from the discovery of the injury, whichever comes first. The law in Oklahoma puts a cap on the damages for medical malpractice of $350,000.
Claims Against the Government
If you intend to file a personal injury claim against a government entity or employee, you must file a Notice of Claim within one year of the date of the incident. This notice notifies the government that you intend to file a claim. The government then has a set amount of time to investigate and respond to the notice.
Claims Involving Minors
For personal injury cases involving minors, the statute of limitations begins when the minor turns 18 years old. Therefore, a minor has until their 20th birthday to file a lawsuit.
Reasons to File a Personal Injury Claim
There are many reasons to file a personal injury claim. A few of them include:
Compensation for Damages
Individuals can receive compensation for damages caused by the injury or accident. These damages can include medical bills, lost wages, property damage, pain and suffering and more.
Prevention of Future Injuries
By holding the negligent party accountable, filing a personal injury claim can prevent future injuries from occurring. It can create a safer environment for the community.
Personal Satisfaction
Some individuals choose to file personal injury claims for personal satisfaction. Knowing that the responsible party will be held accountable for the injuries and damages caused can bring a great deal of emotional closure.
Contacting a Personal Injury Lawyer in Oklahoma
If you’ve suffered an injury due to someone else’s negligence, it’s essential to contact an experienced personal injury attorney in Oklahoma as soon as possible. An attorney can help you understand the statute of limitations and ensure you file your lawsuit before it’s too late. They can help you gather evidence, calculate damages, and negotiate a settlement from the responsible party or their insurance company.
Conclusion
The statute of limitations for personal injury claims varies based on the type of case and the circumstances surrounding it. In Oklahoma, it is generally two years from the date of the injury or accident, but there are exceptions for medical malpractice, claims against the government, and cases involving minors. If you’ve suffered an injury due to someone else’s negligence, it’s essential to contact an experienced personal injury attorney in Oklahoma to file a claim before the statute of limitations runs out.