When you are hurt due to an accident someone else caused, you may have the right to file a personal injury lawsuit against the at-fault party. This action enables you to force that person to pay for the losses owed to you. Yet, there is a time limit on how long you have to take such action. In Oklahoma, that is two years. Call an Oklahoma personal injury lawyer from the Gorospe Law Group today.
How Does the Personal Injury Statute of Limitations Work in Oklahoma?
Under Oklahoma Statute § 12-95, victims have two years to file a lawsuit against the at-fault party in their accident case. This statute of limitations aims to hold people accountable for the losses they cause within a reasonable amount of time.
You have two years from the date of the accident to file a lawsuit in Oklahoma against the person or people responsible for causing the injury to you. In situations where you do not file a claim within that time frame, you will not be able to force them to pay you. Some courts will not hear cases that are beyond the statute of limitations.
There Are Some Exemptions to This Statute of Limitations
In most cases, you have two years, and you should aim to take action within that time frame to protect your right to compensation. There are some situations where you may be able to get support beyond that. Here are a few examples:
- Minors: If the person hurt was a minor at the time of the accident, if their parents did not file a claim, they will have two years from their 18th birthday to do so. This ensures the rights and interests of the victim are taken into consideration.
- Discovery rule: The state also has a discovery rule. If, for some verifiable reason, you did not know about the injury until some time later, the statute of limitations will begin from the date of discovery. For example, if you suffered from a delayed-onset injury that may have developed over time, such as from exposure, you may have longer to take action.
- Defendant’s absence: There are some situations in which the at-fault party leaves the state or takes other actions to limit your ability to serve them with a lawsuit case. In this situation, the length of time in which they are out of the state may not be considered a component of the two-year limit, giving you more time to take action.
There are also some situations outside of these requirements that may allow you to continue action beyond the two-year period. That includes situations where the at-fault party is incarcerated, you are filing a medical malpractice claim, or the victim suffered cognitive impairment.
Because personal injury cases are complex, it is nearly always best to file a claim for compensation as soon as possible after the incident occurred. If you need to seek out a lawsuit, aim to do so within that two-year timeframe to reduce the risks of not getting compensation.