After becoming the victim of an accident in Tulsa, the last thing you want to be concerned about is the Oklahoma statute of limitations, which is the time restriction within which you must make a claim for compensation for personal injuries sustained in the state.
Accidents are incredibly stressful events because not only do you have to deal with the insurance company, but you also have to deal with doctors and try to get better. Trying to advocate for yourself, negotiate with the insurance company, and get ready to file personal injury claims in Oklahoma while you are healing from an accident is next to impossible. In Oklahoma statute of limitations for filing these claims is two years from the date of the accident.
Even though vehicle accident lawsuits are settled 95% of the time, it is critical to protect your legal rights if your case goes to court. This will ensure that your claim is treated seriously and that you are given a reasonable offer to settle the matter out of court.
What is a Statute of Limitations?
You or your personal injury attorney have a set amount of time to submit a claim on your behalf before reaching the state’s deadlines for the various sorts of litigation. These deadlines may be found in every state.
Depending on the state, you usually have between one and three years to file a claim in a state court for a personal injury.
The statute of limitations for filing a claim for personal injury in most situations is two years after the incident that caused the injury. One of the exceptions is a purposeful act of wrongdoing known as an intentional tort. In this case, the statute of limitations permits a lawsuit to be filed up to one year after the offender intentionally causes an injury.
The statute of limitations for filing a claim for a government tort, which is a claim brought against a public entity, is one year from the date the incident occurred. The statute of limitations for wrongful death lawsuits in Oklahoma is normally three years, which is longer than the standard two years.
Statute of limitations under Oklahoma law
Accident claims in Tulsa, Oklahoma, must be made within two years of the date of the accident, for both injuries and damage to property.
There is no time limit on when you have to tell your insurance company about a claim or accident.
Even though you have two years to start a case in civil court, most insurance companies need to be told “as soon as practically possible,” or as soon as possible.
If there are injuries or damage to property because of an accident, you or your lawyer need to let the insurance company know as soon as possible.
A person may not notice they’ve been hurt for several days or weeks. Everyone knows that insurance companies will drag out the claims process so they don’t have to pay out right away.
It’s easy to see why the Oklahoma statute of limitations is so important: injuries don’t always show up right away, and the insurance process can be slow. Because of this, it’s important to hire an experienced personal injury lawyer as soon as possible after a car accident to protect your rights and file a lawsuit before the statute of limitations runs out.
Statute of limitations for Claims Against Government Entities
In the event that a government agency was involved in a car accident, the statute of limitations does not apply; instead, a separate set of protocols must be adhered to in this scenario.
It may be challenging to determine whether or not your accident was actually associated with a government agency. This shows how important it is to get professional help as soon as possible after a car accident, especially if there are serious injuries involved.
Oklahoma Statute of Limitations for Claims of Wrongful Death
But there is less time to file a claim for wrongful death after an accident than there is to file a claim for personal injury.
Wrongful death claims can be filed in Oklahoma as soon as the victim of an accident dies, pursuant to Okla. Stat. 12 tit. 12 1053.
Since it is not uncommon for the date of death to be different than the date of the accident, the statute of limitations does not begin to run until the victim’s death.
A wrongful death claim must be filed within two years of the decedent’s death, not the date of the accident.
Nonetheless, this deadline is set merely for the purpose of a claim. If someone gets hurt or dies in an accident, the local police or state highway patrol should be called right away.
Additional time limits on legal proceedings
When pursuing a claim for personal injury, it is clear that there are a lot of different dates that need to be remembered and complied with. Having a skilled personal injury lawyer on your side is important for many reasons, like this one.
According to a particularly important statute (Okla. Stat. 47 tit. 10 108), a report is required to be filed with the Oklahoma Department of Public Safety if a settlement has not been made within six months of the date of the accident and the damage was at least $300. This statute requires a report to be filed if the damage is at least $300.
On the other hand, if a settlement does happen during this time period, a summary of the terms of the settlement must be sent to the department as soon as possible.
Tulsa Personal Injury Lawyer Offering Free Consultations
If you’ve been hurt, you should go to an attorney as quickly as possible to ensure that your rights are protected, that the insurance companies don’t take advantage of you, and that you receive a just settlement.
A lawyer will be able to assist you in gathering evidence, will let you know when the statute of limitations expires, and will let you know what you can expect to earn in a personal injury settlement.
Hiring a good personal injury lawyer can make sure that the process goes smoothly and that your case goes as well as it can.
Talk to an experienced Tulsa personal injury lawyer if you need help with the civil process for personal injuries in Oklahoma.
