If you get into a car accident in Oklahoma, you could be entitled to pursue compensation for any injuries that you suffered. However, the Oklahoma statute of limitations imposes a deadline on Oklahoma car accident victims who want to file a personal injury claim. If you miss this deadline, you could forfeit your right to seek money through the court system.
The Oklahoma Statute of Limitations
The Oklahoma statute of limitations for car accident lawsuits gives victims two years from the date of the accident to file their claim.
However, the law contains several important exceptions:
- Wrongful Death Claims: If a victim dies from injuries that they suffered in the accident, the two-year clock starts on the date of their death, not the accident date. Importantly, only the deceased’s personal representative may file the lawsuit.
- Claims Involving Minors: If a child under 12 suffered the injury, the victim’s parents have up to seven years after the incident to file suit.
- Government Entities: If your claim involves a government entity, you must provide written notice within one year of your injury, a noticeable cut from two years.
- Tolling Provisions: If the defendant has left Oklahoma or gone into hiding, the court may pause the statute of limitation’s countdown until the defendant returns, an action otherwise known as “tolling.”
Oklahoma’s Comparative Negligence Rule
Many Oklahomans wonder if they can seek compensation if the accident that injured them was partly their fault. Yes, they can. Oklahoma operates under a “modified comparative negligence” rule. In Oklahoma, if you were partly responsible for causing the accident, you can still recover compensation for any injuries that you suffered in that accident. However, the court will reduce the amount you are awarded in proportion to your percentage of fault.
For example, if you get into a car accident and have $100,000 in compensable losses, but the court finds you to be 20% at fault for the crash, you will only receive $80,000. Additionally, if you were more than 50% at fault for the incident, the court will deny your claim entirely.
This rule is binding on court decisions, but insurance companies adhere to it, as well. If they believe you’ll be found at fault in court, they’ll reduce their settlement offer accordingly.
How Can an Oklahoma City Personal Injury Attorney Help You?
Even the most defensive drivers in Oklahoma City can get into car accidents. Especially where I-35, I-40, and I-44 converge, serious accidents happen all the time. In fact, in 2023, there were 697 traffic fatalities in Oklahoma.
When you or a loved one suffers an injury, a seasoned car accident attorney can brief you on your legal rights and options, gather the evidence that you need for your case, negotiate with your insurance company, and represent you in court if necessary. With dedicated legal help at your side, you do not need to worry about meeting any legal deadlines—you just need to worry about recovering from your accident.
Getting Help on Time with the Oklahoma City Car Accident Attorneys at Farha Law, PLLC
The Oklahoma statute of limitations can seem draconian—but an experienced Oklahoma car accident attorney at Farha Law, PLLC, can make sure your case complies with all the necessary deadlines and can demand the justice that you deserve.
Call Farha Law, PLLC, today or fill out our online form for a free consultation. Don’t wait for the deadline to pass. Trust our legal skills to protect your rights today.