If you have been injured in an accident in Oklahoma, you might be wondering what your options are for seeking compensation. One important factor to consider when pursuing a personal injury claim is the statute of limitations. This refers to the time limit you have to file a lawsuit after an injury occurs. In Oklahoma, the statute of limitations depends on the type of injury and the circumstances of the case.
Table of Contents
The Statute Of Limitations for General Personal Injury Claims
In most cases, the statute of limitations for personal injury claims in Oklahoma is two years from the date of the injury. This means that you have two years from the date of your accident to file a lawsuit. If you do not file within this timeframe, the court will likely dismiss your case.
It is important to note that the statute of limitations does not apply to insurance claims. If you are seeking compensation through an insurance company, you should file your claim as soon as possible. However, if you are unable to reach a settlement with the insurance company, you may need to file a lawsuit before the statute of limitations expires.
The Statute Of Limitations for Medical Malpractice Claims
If you have been injured due to medical malpractice in Oklahoma, the statute of limitations is different. In most cases, you have two years from the date of the malpractice to file a lawsuit. However, there are some exceptions to this rule.
If you discover the malpractice at a later date, the statute of limitations begins on the discovery date. For example, if a doctor leaves a surgical instrument inside your body and you do not discover it until a year later, the two-year statute of limitations would begin on the date you discovered the instrument.
In addition, if the victim is a minor, the statute of limitations is extended. In Oklahoma, a minor has until two years after his or her 18th birthday to file a medical malpractice claim.
The Statute Of Limitations for Wrongful Death Claims
If you have lost a loved one due to someone else’s negligence, you may be able to file a wrongful death claim in Oklahoma. The statute of limitations for wrongful death claims is generally two years from the date of the victim’s death. However, there are some exceptions to this rule.
If the victim died as a result of medical malpractice, the statute of limitations is two years from the date of the malpractice or one year from the date of the victim’s death, whichever is longer.
In addition, if the victim’s death was caused by exposure to asbestos or other toxic substances, the statute of limitations might be extended.
Conclusion
In Oklahoma, the statute of limitations for personal injury claims varies depending on the circumstances of the case. It is important to file your lawsuit within the applicable time limit to ensure that your case is heard by the court. If you miss the deadline, you may be barred from seeking compensation for your injuries. To ensure that your rights are protected, you should speak with a personal injury lawyer as soon as possible after your accident.