When you are injured in an accident in Oklahoma, you must deal with time limitations in which you may file a lawsuit against a culpable party. Every state has what is known as a statute of limitations that prescribes the period of time in which a person may file a lawsuit after a personal injury accident. These statutes of limitations are in place to ensure that evidence remains fresh and the memories of witnesses remain accurate. This prohibits an otherwise viable claim against another person from being carried into the far future.
Here’s what you need to know about the statutes of limitations in Oklahoma for personal injury claims.
Do I Need to Know the Statute of Limitations If I Intend to Settle My Claim?
You may think you do not need to know the statute of limitations if you intend to settle your claim against a culpable party. However, the culpable party is represented most often by an insurance company. That insurance company represents the interests of their insured and will only pay out on viable claims. If an accident or injury claim goes beyond the statute of limitations with no lawsuit being filed, that claim is no longer viable and an insurance company will not pay out on that claim. therefore, it is in your best interests to understand what period of limitations affects your claim and to ensure that a lawsuit is filed to protect those interests if it is necessary to do so while you are in settlement negotiations.
What I the Statute of Limitations for Personal Injury Claims in Oklahoma?
In Oklahoma, many cases of personal injury will fall within a two-year statute of limitations. There are certain exceptions to this statutory period. For example, some exceptions include intentional torts in which the statute of limitations must will prohibit any filings after one year of the date of the injury. Other exceptions include such matters as governmental torts which are claims against public entities which must be filed within one year after the accident. Another exception is the statute of limitations for wrongful death claims. In Oklahoma, that statute of limitations is longer, three years.
Should I Wait to File a Claim With the Insurance Company?
Two years may seem like a long period of time in which you may file your claim with the capable party’s insurance company. However, it is advisable to file your claim earlier rather than later. This will allow you and your attorney to fully investigate the claim to ensure that liability and damages issues are clear and in your favor. It also allows you time to negotiate a settlement.
If you and your attorney decide that a settlement may not occur before the expiration of the filing of the statute of limitations, you will need to file a lawsuit against the culpable party in the appropriate Oklahoma court before the expiration of the statute of limitations.
Exceptions and Complications to the Statute of Limitations
There are situations in which courts will elongate or toll this running of the statute of limitations. This often occurs when either the injury is not discovered until later or when other circumstances exist that justify awarding additional time in which to resolve the matter before filing a lawsuit. Here are some of the exceptions and complications that you will need to know about.
The Victim Is a Minor: If the victim is a child, parents can have up to 7 years to file a lawsuit if the child was under the age of 12 on the date of the injury. If the child was 12 or older when their injury occurred, the two-year limitations period usually applies. If the child wants to wait until the age of majority and the parents have not filed, the child must file within 1 year of turning 18.
Cognitive Incapacity: Sometimes, the injury may cause a person to have a temporary or permanent mental incapacity. In that case, the limitations period does not begin to run until that person is declared legally competent.
Governmental Negligence: If the injury occurs because of the negligence of a government worker or contractor, the period of limitations is only one year from the date of injury. A governmental entity may not be held liable for negligence; however, employees and contractors may be held liable.
Delayed Discovery of Injury: A statute of limitations may also be tolled in situations in which the victim does not discover the actual injury until long after the injury is inflicted. This does not occur in most cases, but in the cases in which it does occur such as in occupational or industrial illnesses and contamination where injuries can take years to be discovered, tolling the statute of limitations is fair to the victim.
Culpable Party Secretes Themselves: The tolling of the statute of limitations is also applicable in situations in which the culpable party has left the state of Oklahoma or has secreted themselves and cannot be found. This is to ensure that the victim has adequate time to make contact with the culpable party or communicate with them. The statute of limitations pauses for the duration of the secretion.
Wrongful Death
Unfortunately, some victims die as a result of their injuries. When this occurs, a family member or representative of the decedent’s estate can bring a wrongful death claim against the culpable party as soon as the decedent passes away. It is usual that the death occurs sometime after the date of the accident in which the injuries were inflicted. As a result, the limitations period does not begin until the victim’s death. Family members and personal estate representatives have a period of two years from the date of the death to file an action for wrongful death.
A Six-Month Statute in Motor Vehicle Accidents to Know About
Finally, if your accident involves a motor vehicle, it’s important to know that Oklahoma law requires that if the matter has not been settled within six months after the date of the accident and the damage was at least $300 or more, a report must be filed with the Oklahoma Department of Public safety. If the settlement occurs during this prescribed time, a summary of the terms of the settlement must be filed with the department as soon as the settlement is completed.
Understanding the statute of limitations can have a profound effect on your claim. Make sure to consult with an experienced Oklahoma City personal injury lawyer as soon as possible after an accident in order to understand how the statute of limitations may affect you and your claim.
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