Oklahoma Statute § 12-95 sets the statute of limitations at 2 years from the date of injury in most personal injury cases. This means that if you have suffered a personal injury, you have two years from the date of the injury accident to file a lawsuit in the state’s civil court system. If you do not file your case within this two-year period, the courts will typically refuse to hear your case at all.
In the context of personal injury law, the statute of limitations is a crucial element. In Oklahoma, a set period exists within which an affected individual can file a lawsuit for their injuries. This period is put in place for several reasons:
In conclusion, the personal injury statute of limitations in Oklahoma for claims serves a vital role in maintaining legal fairness and ensuring the effectiveness of the judicial process.
Yes, there are certain exceptions to the two-year personal injury statute of limitations in Oklahoma for filing claims. While the general rule is that a lawsuit must be filed within two years of the date of the injury, several circumstances may alter this timeline:
These exceptions highlight the complexity of personal injury law in Oklahoma, and underscore the importance of obtaining legal advice if you have been injured. Navigating these exceptions can be complicated, and failing to file a lawsuit within the required time period can result in losing the right to pursue the case altogether.
Yes, there are special deadlines when it comes to filing injury claims against the government in Oklahoma. In cases where a personal injury claim is against a city or county in the state, a formal claim must be filed with the appropriate government entity within 1 year of the injury date, as per Title 51, Section 156 of the Oklahoma Statutes.
If the claim is against the state government, a notice of claim must be presented to the Office of the Risk Management within 1 year of the date of loss as per Title 51, Section 152.1 of the Oklahoma Statutes. Failing to meet these specific deadlines could lead to your claim being immediately dismissed.
It’s important to remember that these deadlines are significantly shorter than the standard 2-year personal injury statute of limitations in Oklahoma for filing claims. This highlights the critical need for swift action when a government entity is involved in a personal injury claim. As always, it is strongly recommended to consult with a knowledgeable attorney to ensure all necessary steps are taken in accordance with the law.
In Oklahoma, the timeframe to notify the government about a personal injury claim differs based on whether the claim is against a city or county, or the state government itself. If you are filing a claim against a city or county, you are required to file a formal claim with the appropriate government entity within one year of the date of the injury, according to Title 51, Section 156 of the Oklahoma Statutes.
On the other hand, if your claim is against the state government, you must present a notice of claim to the Office of the Risk Management within one year from the date of the loss as per Title 51, Section 152.1 of the Oklahoma Statutes. It is imperative to adhere to these deadlines, as failure to do so could result in your claim being dismissed. It is also recommended to seek legal counsel to ensure all necessary steps are undertaken within the stipulated timeframes.
In the event that the government does not respond or take action within 90 days after you have filed your notice of claim, you have the right to proceed with filing a lawsuit. According to the Oklahoma Statutes, Title 51, Section 157, if the Office of the Risk Management or the applicable governmental entity does not settle the claim or deny liability within 90 days, it is deemed as a denial.
This enables you to move forward with your legal action and adhere to the personal injury statute of limitations in Oklahoma. However, navigating the legal landscape can be challenging, and it is advisable to consult with an experienced attorney to guide you through these complex processes and ensure your rights are fully protected.
In Oklahoma, when engaging in legal action against the government, the damages one can claim are capped by law. These limitations are outlined as follows:
It’s worth noting these caps as it can significantly impact the potential compensation one might receive. Remember, it’s always recommended to seek legal advice to fully understand your rights and the intricacies of your case including the timelines relative to the personal injury statute of limitations in Oklahoma.
Oklahoma operates under the principle of “modified comparative negligence.” In essence, this means that if you share some responsibility in causing an accident – if you are partially negligent – you are still eligible to receive compensation for your injuries. However, your share of the negligence proportionally reduces your damage compensation. Be aware, though, that if your negligence exceeds 50%, you become ineligible to receive any damage compensation at all, as per Oklahoma Statute Title 23, Section 13 (2023).
For instance, let’s imagine a car accident where the driver of Car A was speeding, and the driver of Car B failed to signal before turning. In this case, both drivers contributed to the accident. After a thorough investigation, it is determined that the driver of Car A was 40% at fault for speeding, while the driver of Car B was 60% at fault for not signaling.
Under Oklahoma’s modified comparative negligence law, the driver of Car A can still recover damages because they were less than 50% at fault. However, their compensation would be reduced by their percentage of fault. So, if the total damages were calculated to be $10,000, the driver of Car A would only receive $6,000 (or 60% of the total damages) after their 40% fault is subtracted.
Even if you are partly to blame in an accident, it is important to file your claim within 2 years of your accident to adhere to the personal injury statute of limitations in Oklahoma. The statute of limitations varies by state in the US, and typically the law that applies is the state in which the accident occurred. Further, negligence laws vary by state in the United States, so if an accident occurred in Oklahoma, the laws in Oklahoma typically apply even if you are not a resident of the state.
Oklahoma law restricts certain personal injury damages, specifically:
If you are involved in a serious accident, hire a legal team that will understand all the law and file your claim within 2 years of your accident following the personal injury statute of limitations in Oklahoma.
Contact Thompson Law for a FREE CASE REVIEW and get answers to all your questions regarding your specific case. Our personal injury accident lawyers can help you understand your legal rights, and get started working on your case today.
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State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.