The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, if a claim is not presented to the state or its political subdivisions within 90 days of the incident, the claimant’s damages are reduced by 10% and no claim may be brought after one year from the date of injury. For these reasons, it is important to consult an attorney as early as possible to be sure you don’t miss a crucial deadline.
In Oklahoma, most actions for bodily injury or wrongful death must be brought within two years from the date when the cause of action accrues. In most cases the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. Circumstances may dictate a shorter statute of limitations period. If the claimant is under a legal disability at the time the cause of action accrues, the limitation period is extended until one year after the disability is removed. For medical malpractice cases, claimants under the age of twelve and incompetents must bring an action within seven years of the date the injury was inflicted. Claimants twelve years of age or older and incompetents who are subsequently adjudged competent must bring an action within one year from reaching the age of majority or after the adjudication of competency, but not less than two years from the date of injury.
Injuries cost money, including time away from work, medical bills, and other complications. Before taking legal action or trying to negotiate a settlement on your own, you should talk to an attorney about your case. You can search LawInfo’s legal directory to find a local personal injury attorney about the merits of your case. This one step can level the playing field, help you protect your rights, and put you in the best position for recovering the compensation that you deserve.