When you are injured due to another party’s negligence or wrongdoing, you may have the right to seek compensation for your damages. However, there is a deadline for filing your claim. If you miss your deadline your claim will probably be barred.
The statute of limitations sets the deadline for a personal injury claim. In Oklahoma, the statute of limitations is two years from the date of injury. However, there are some exceptions to the two-year rule.
An experienced Oklahoma City personal injury attorney can advise you about your deadline and whether your claim falls under one of the exceptions to the two-year rule.
Exceptions to Oklahoma’s Statute of Limitations for Personal Injury Claims
If you believe you have a personal injury claim, you should promptly seek the guidance of an Oklahoma City injury lawyer. You want to be sure you file your claim before the deadline and to begin recovering important evidence before it is lost or diminished.
There are exceptions to the statute of limitations which may shorten or extend the two-year deadline. You need to know whether your case falls under one of the six exceptions to the rule. The exceptions to the statute of limitations in Oklahoma include:
- The defendant is a government entity. The statute of limitations for injuries caused by a governmental employee or contractor is only one year from the date of injury. Personal injury suits against an Oklahoma governmental entity follow the Oklahoma Governmental Tort Claims Act.
- The victim is a minor. If a minor is injured, they have the right to bring a claim to recover compensation once they become an adult if their parents have not already filed a claim on their behalf. The deadline for a minor is one year after their 18th birthday. However, parents of an injured minor may file a claim on their behalf. If a child is under the age of 12, their parents have seven years after the injury to file a claim. If the child is 12 or older, their parents have two years to file a lawsuit.
- The victim is mentally incapacitated by their injuries. If a victim’s injuries cause them to be temporarily mentally incapacitated, the statute of limitations does not begin to run until they are declared legally competent.
- The defendant left the state or concealed their whereabouts. If the defendant leaves Oklahoma or hides, the statute of limitations is paused while they are out of the state or unable to be located and communicated with.
- The victim did not discover their injury until later. Some injuries and illnesses can take a long time to display symptoms. If the victim could not have been aware of their injuries until much later, the statute of limitations does not begin to run until the injury or illness is diagnosed.
- The victim died from their injuries. If an injury victim survives for a period and then dies, their loved ones or their representative have the right to bring an Oklahoma City wrongful death claim. This claim has a statute of limitation of two years from the date of death rather than from the date of injury.
Contact an Oklahoma City Personal Injury Lawyer Today
If you have been injured by another party’s negligence or wrongdoing, you may have the right to seek compensation for your damages. One of the first things you need to know is how long you have to file your claim.
The general statute of limitations for an Oklahoma personal injury claim is two years. However, there are exceptions to the two-year rule. Some deadlines are much shorter and in some unique cases, the deadline may be extended.
You need to speak to an Oklahoma car accident attorney as soon as possible after your injury. The personal injury lawyers at Warhawk Legal have a proven track record of protecting the rights of injury victims and getting them the full compensation they deserve.
Call us at (405) 397-1717 or go to our contact page now to schedule a free consultation to discuss your case.