The Statute of Limitations for Personal Injury Cases in Oklahoma
The statute of limitations for personal injury cases in Oklahoma is a critical aspect that every potential plaintiff should understand. This legal time frame dictates how long an individual has to file a lawsuit after sustaining an injury due to someone else's negligence or wrongdoing.
In Oklahoma, the statute of limitations for personal injury cases is generally two years from the date of the injury. This is established under Oklahoma Statutes Title 12, Section 95. It is important to note that this two-year period applies to various types of personal injury claims, including car accidents, slip and fall incidents, and medical malpractice cases.
Failing to file a lawsuit within this timeframe can result in losing the right to seek compensation for your injuries. This means that once the two years have passed, the defendant can file a motion to dismiss the case based on the expiration of the statute of limitations, which is often granted by the courts.
There are certain exceptions and nuances regarding the statute of limitations that victims should be aware of. For example, if the injured party is a minor at the time of the injury, the statute of limitations does not begin until they turn 18 years old. Additionally, in cases where the injured party is deemed mentally incompetent, the statute can be tolled, meaning the time limit is paused until the individual is restored to competency.
Another critical consideration involves cases where the injury was not immediately apparent, such as in situations involving exposure to harmful substances. In such circumstances, the statute of limitations may start from the date the injury was discovered rather than the date it occurred.
Understanding the statute of limitations is essential, as it can significantly impact the outcome of your personal injury case. To ensure that your rights are protected, it is highly advisable to consult with a qualified personal injury attorney in Oklahoma. An experienced lawyer can help navigate the complexities surrounding your case and ensure that you meet all necessary deadlines.
In summary, if you have been injured due to another party's negligence, it is crucial to act quickly. Remember that the statute of limitations in Oklahoma for personal injury claims is typically two years. Stay informed, seek legal counsel, and take the necessary steps to pursue the compensation you deserve.