At times, accidents can occur when we assume that we are safe from harm. These injuries can change your life completely. It is important to know that in Oklahoma, the statute of limitations for personal injury cases involves injuries resulting from another party’s negligence or wrongful action. The statute of limitation states the date until which you are allowed to begin court proceedings. This timeline is essential in Oklahoma and knowing it helps one protect his/her right to compensation. An Oklahoma personal injury attorney can help you navigate the statute of limitations and ensure that your personal injury claim goes smoothly and you get the compensation you deserve.
What are the Statute of Limitations in Oklahoma?
Generally in Oklahoma, the statute of limitations is two years. The period means that you have a two-year time frame within which you can sue the liable person after you get the injury. If you fail to file your lawsuit in this specified time, the court may dismiss your case and you will not receive any compensation.
Are There any Exceptions to the Statute of Limitations in Oklahoma?
There are some important exceptions to be aware of when thinking about the statute of limitations in Oklahoma. In the case that you may be rapidly approaching that two-year mark after your accident, it’s still possible that the statute of limitations won’t apply to your specific scenario.
-
Discovery Rule:
Some personal injury cases do not show that you were injured immediately after the incident. When this happens, Oklahoma applies the discovery rule, meaning the two years will start counting from the time of discovery, or in the case where you should reasonably have discovered your injury. Such a rule is very helpful for people who may not realize the seriousness of their injuries immediately and is most common in medical malpractice claims.
-
Minors:
In case the injured person is a minor, the two-year statute of limitation will not commence until the said minor reaches the age of 18. Thus, a minor has up to twenty years old to file a personal injury suit.
-
Government Entities:
In instances where your personal injury case involves a government entity like a city or county, special rules and deadlines apply. This is because most claims against the government have relatively short deadlines and therefore the sooner you move the better it will be to seek legal advice.
Why is it Crucial to File Your Personal Injury Case in a Timely Manner?
Filing your personal injury case within the statute of limitations is crucial for several reasons:
-
Preservation of Evidence:
Over time, for instance, proof can disappear or go bad. It is important to take timely legal action so that crucial evidence is not lost in support of your case.
-
Witness Recollection:
The passage of time makes witnesses forget essential details or trace them. This can ensure that key witnesses in your case do not vanish away in time.
-
Fair Compensation:
You have the right to recover medical bills, lost wages, pain and suffering, and all other damages connected with the injury while pursuing your lawsuit within the limits of the statute of limitations.
-
Legal Rights:
Your case could be dismissed if you failed to file within the statute of limitations, meaning you would not have any more legal avenues to sue for your injuries.
Should You Consult an Attorney to Help With Your Personal Injury Case?
It is necessary to seek help from an expert personal injury lawyer if you are thinking of filing a personal injury case in Oklahoma. An attorney will walk you through the legal maze, make sure you file all the necessary documents in time, and assist in ensuring that you are fully compensated for your injuries.
It is significantly important to comprehend the statute of limitations for personal injury matters in Oklahoma. It is vital that you file your case within the two-year window if you are to safeguard your rights and get compensation.
