Limitations Periods For Legal Actions
The following periods represent a small sample of the statutory limitations periods in Oklahoma.
Personal Injury: 2 years.
Contracts: Written, 5 years Oral, 3 years.
Wrongful Death: 2 years.
Please note that it may be possible to bring multiple causes of action from a single incident of wrongful conduct, and thus even if it appears that the relevant statute of limitations has run it may remain possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to any given situation. The statutes summarized in this article are offered by way of example and the calculation of the limitations period can be significantly more complicated than a mere number suggests. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified Oklahoma lawyer.
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Cain Law Office serves clients throughout Oklahoma from our conveniently located offices in Oklahoma City and Edmond. We never charge upfront retainers or fees, and we collect legal fees only if you recover compensation. So, you risk nothing by contacting us about your case. and find out more about how we can help you.
When Does The Clock Start Running On The Statute Of Limitations
In most cases, the clock on the statute of limitations starts running on the day the incident occurred that caused you harm.
For example, if you were involved in a car accident on December 1, 2022 and your state had a three year statute of limitations for auto accident claims, you would generally have until December 1, 2025 to make your claim.
However, there are exceptions to this general ruleespecially in situations where you might not immediately be aware of your injury. This is especially common in medical malpractice claims where you might not find out for months or even years that your doctor misdiagnosed you or that your surgeon left something inside of you.
If your injuries werent identifiable right away, the statute of limitations may begin running either when you actually discover your injuries or when you reasonably should have discovered them.
If a child was injured, the statute of limitations may also be different. It generally will not begin running until the child has reached the age of majority, which typically happens at age 18.
An experienced personal injury lawyer can help you to determine when the clock begins running in your situation and can assist you in filing your claim before the deadline so you get the funds you deserve after being harmed.
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What If You Miss The Deadline To File A Lawsuit
If you miss the deadline to file a lawsuit and the Oklahoma statute of limitations passes , the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial .
Do You Understand How The Statute Of Limitation Impacts Your Case
The statute of limitations caps the amount of time victims have to take legal action against the people, companies, or individuals who hurt them. This time limit varies from state to state. In Oklahoma, victims have two years from the date of the incident to initiate legal action in a personal injury claim.
While it might seem inconvenient, the statute of limitations is important because it forces victims to take timely action, doesnt allow one person to threaten another with a lawsuit for years and years, and preserves the integrity of the evidence.
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Special Deadlines For Filing Lawsuits Against The Government
The legal theory of sovereign immunity protects government entities from being sued without their permission. However, there are exceptions to this rule.
The Oklahoma Governmental Tort Claims Act makes an exception for injury claims. Therefore, you may sue the government for injuries caused by negligence in certain circumstances. However, the deadline to file a personal injury lawsuit against the government is much shorter.
You must notify the government entity within one year of the injury date. After that, the government has 90 days to deny or approve the claim. If the claim is denied, you have just 180 days from the denial to file a lawsuit.
Exceptions That Allow For Extensions Of Filing Deadlines
A few situations could allow for the deadline for filing lawsuits set by the statutes of limitations to be set aside in Oklahoma. If, for instance, at the time of the assault, the victim had a legal disability, the deadline can be extended. Legal disability means they cannot represent themselves in court or give evidence.
If the period of legal disability ends such as when a minor turns 18 years or if a person with a disability arising from the injury gets better, they have one year from that date to file a lawsuit against the at-fault party. This is according to section 12-96 of Oklahoma statutes. When the year elapses, they lose the right to sue in court.
Another situation that allows for the deadline set in the statute of limitations to be extended is when the at-fault person goes into hiding or leaves the state before they have been sued. The period that the perpetrator is missing does not count towards the deadline set by the statute of limitations. When they reappear, the clock starts ticking starting from when they were last available.
If you also happen to be injured but are unaware of the injury until some much later date, you are allowed more time to file your suit. The date limitation set in the statutes affects injuries you know about soon after the accident.
Oklahomas Statutes Of Limitations For Personal Injury Claims
- Date Published:
If you were injured because of anothers negligence, you may be able to file a personal injury claim to recover compensation from the at-fault party. However, your claim must be filed within a specific time frame known as the statute of limitations.
The Edward Law Firms reputable personal injury lawyers in Tulsa will help you file a claim to ensure your personal injury lawsuit meets Oklahomas statute of limitations. Contact us today at or fill out our online form.
Get Help From Our Oklahoma Wrongful Death Attorneys
If your loved one died because of someone elses negligent or intentional act, you could hold the at-fault party responsible through a wrongful death claim. While no amount of money can truly make up for the loss of your loved one, it can help ease the financial burden on your family, particularly if the deceased was responsible for the primary source of income for your family.
The Oklahoma wrongful death attorneys at Edwards & Patterson Law have the resources to conduct a thorough investigation into your family members death, gather evidence to support your case, tabulate the losses your family suffered, and aggressively pursue the compensation you deserve.
Contact Edwards & Patterson Law in Oklahoma today for a free, no-risk consultation to learn how we can help fight for the compensation you and your family need and deserve.
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How Long Do I Have To File A Wrongful Death Claim In Oklahoma
In Oklahoma, you have two years from the date of your loved ones passing to file a wrongful death lawsuit against the at-fault party. This timeframe is known as the Statute of Limitations. The statute of limitations is quite strict. If you fail to initiate legal action against the negligent party within that two-year window, the court will very likely refuse to hear your case and dismiss it.
Thats why it is critical to get started on your wrongful death case with an experienced lawyer as soon as possible after your loved ones passing.
Potential Exceptions to the Wrongful Death Claim Statute of Limitations in OK
There are a couple of possible exceptions to the statute of limitations on wrongful death lawsuits in Oklahoma.
It is also important to note that wrongful death lawsuits are not generally affected by criminal proceedings. Wrongful death lawsuits are litigated in civil court, while criminal matters are separate matters litigated in criminal court. So, for example, if your loved one died as a result of an intentional act and the defendant is being tried in criminal court, you can still bring a civil suit against the defendant at any time before the statute of limitations expires. Criminal proceedings do not impact the two-year statute of limitations on wrongful death cases.
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Speak With An Oklahoma Personal Injury Attorney Today
Whether you were injured in an accident and would like to file a personal injury claim for compensation or you lost a loved one in a fatal event, the Oklahoma civil litigation attorneys at Putnam Law are here for you and can help. To schedule a complimentary consultation to discuss your claim, please call Putnam Law Office at 849-9149.
A personal injury claim is a legal action meant to make you whole again. To ensure you do not miss your chance to file a claim, call Putnam Law today.
Types Of Premises Liability Claims In Oklahoma
Our experience at Cain Law Office helps us to identify and tackle challenging legal issues in a wide range of premises liability cases, including:
- Escalator and elevator accidents
- Construction and other workplace accidents.
These cases can arise from accidents on commercial property, private residential property or property that a local, state or federal government maintains. We can meet with you right away, including a home or hospital visit, to learn more about the specific facts and circumstances of your case.
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Understanding The Statute Of Limitations And Your Personal Injury Case
If another party injured you, you might have the right to file a personal injury lawsuit seeking compensation for damages. However, your right to file a lawsuit is restricted by the Oklahoma statute of limitations. Learning more about the statute of limitations for Oklahoma injury cases and your personal injury claim can help you understand the importance of acting promptly to file a claim after an accident or injury.
Important Deadlines Concerning Legal Claims
Various laws, regulations and cases establish time limits or deadlines to file lawsuits and do other things to pursue claims in our legal system. These deadlines vary according to the laws of each State, the Federal Government, various Indian tribes, and even some contracts. Failure to meet the requirements of these deadlines will result in the loss of important rights to collect damages and to receive other important help from our legal system.
If you are interested in pursuing your claims, you should immediately take action to learn what specific deadlines apply. You should hire an attorney to review those claims and tell you the dates of the applicable deadlines and what you are required to do to preserve important rights. You should then take action to preserve those rights if you or any others have any desire to pursue those claims.
Here are some general guidelines for common types of claims occurring in Oklahoma made under Oklahoma law:
Workers Compensation Deadlines to Initiate a Claim in Oklahoma See 85A O.S. §69 and . These deadlines vary according to the injury and other circumstances. Please read Title 85 O.S. §69 and . We recommend that you have a lawyer assist you in determining the deadline that applies to you. The statute can be found at the Oklahoma Supreme Court Network at
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Why Hire A Lawyer For Your Oklahoma Premises Liability Case
An experienced premises liability attorney at Cain Law Office can help you to understand your rights and options if you suffer injury on another persons property. As we work with you on your premises liability claim, you can count on us to:
- Investigate your accident and talk to witnesses
- Determine all sources of compensation that are available to you
- Handle negotiations with the insurance company
- Prepare your case for litigation and, if necessary, take it to trial
- Keep you updated on the progress of your case at all times.
The best part about hiring an attorney at Cain Law Office to help with your case is that you can get back to doing what matters most to you. You can leave the complex day-to-day legal matters that a premises liability claim involves to our legal team. Meanwhile, you can focus on your health.
Oklahoma Premises Liability Lawyers
Property owners in Oklahoma have a basic duty to protect lawful visitors from dangerous conditions on their property or to warn about them. Sadly, too many owners fail to live up to this duty. Fortunately, if you suffer injuries due to a property owners negligence, you have the right to seek just compensation through a premises liability claim. Cain Law Office can help you to pursue a claim and explore all of your legal options.
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Tolling: Extending The Deadline To File
In some cases, federal and state codes allow a statute of limitations to be extended based on certain circumstances that are out of the plaintiff’s control. This extension is known as “tolling.”
Which limits can be tolled differs for each jurisdiction. Some of the most common reasons for tolling include:
- When the victim is a minor, such as with birth injuries, or sexual abuse by a priest or boarding school official
- When the plaintiff is a victim of fraud, such as a doctor who lies to a patient to hide medical malpractice
- When an injury is not discovered until a later date, such as with mesothelioma or some cancer misdiagnosis cases
- When the victim suffers from a mental disability or is declared mentally incompetent
- When the defendant is out of the state or country, making it more difficult for the plaintiff to file a suit against him or her
Even with tolling, there may still be hard time limits for filing a lawsuit. For example, some states do not allow plaintiffs to file lawsuits against a company for products that have been on the market for several years, even if the statute of limitations is tolled.
Oklahoma Personal Injury Claim Statute Of Limitations
Civil suits can be filed in a variety of situations. When negligence exists and others are harmed and sustain damages because of it, filing a civil suit, like a personal injury suit, is likely the right approach to obtain compensation for losses. Common examples where these civil suits are used include car accidents, slip, and fall incidents, medical malpractice, motorcycle accidents, and more.
Residents that live in Oklahoma who are injured by the actions of a reckless party may be wondering if their case is one that would benefit from filing a claim. If you were harmed by another in an Oklahoma car accident or another injury incident, you can have a lawyer evaluate your situation and provide you guidance on your legal options. The Oklahoma City personal injury attorneys at Putnam Law can help you when you have questions about the personal injury claims process or would like to know if a claim makes sense for your unique situation.
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What Is The Statute Of Limitations In Oklahoma Per Lawsuit Type
Should tragedy ever befall you or a loved one, you have the right to hold those at fault responsible for their actions. However, each type of lawsuit has its own deadline for when you can pursue legal action. This is known as a statute of limitations. Oklahoma, like all states, has its own statutes. For example, in Oklahoma you have 2 years to file a wrongful death lawsuit but in Florida the deadline to file for the same case would be 4 years.
Proving Premises Liability In Oklahoma
Our premises liability lawyers will work hard to establish each of the necessary elements to prove your case. Those basic elements include:
Oklahoma law requires you to prove that the property owner actually owed you a particular duty of care. The level of duty owed depends on your status as a visitor to the property. Visitors generally fall within four classes:
- Invitee Someone a property owner invites onto the property. A customer at a store or restaurant is an example. Owners owe a duty to keep the property reasonably safe for invitees.
- Licensee Someone who enters property for a personal purpose and with the owners permission. Owners owe these visitors a duty to notify them of dangerous conditions that may not be easy to spot or identify.
- Trespasser Someone who enters property without the owners permission. Owners must refrain from willfully or wantonly injuring these visitors.
- Child trespasser It gets tricky when trespassers are children. Owners generally owe no higher duty to protect trespassing children. However, when the property has an attractive nuisance, the property owner may be liable for a childs injuries under certain circumstances. An attractive nuisance is an artificial condition on the premises that is reasonably likely to attract a child and poses an unreasonable risk of injury or death. Pools, trampolines and tree houses are examples.
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