What is the Personal Injury Statute of Limitations in Oklahoma?

Get the details of Oklahoma's personal injury statute of limitations, and understand the importance of the filing deadline set by this law.

By , J.D.
Get the compensation you deserve. We've helped 285 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

After a car accident, a slip-and-fall, or any other incident in which someone else's conduct causes you harm in Oklahoma, you could be considering filing a personal injury lawsuit. If so, it's crucial to understand and comply with the statute of limitations that applies to these kinds of cases.

As background, a statute of limitations is a law that sets a strictly-enforced time limit on your right to file a lawsuit in civil court. Every state has these kinds of laws on the books, with deadlines that differ depending on the kind of case being filed.

In this article, we'll explain how Oklahoma's statute of limitations for personal injury cases works, why the filing deadline is so important, and a few situations in which the filing deadline might be extended.

Two Years is the Standard Time Limit for Oklahoma Personal Injury Lawsuits

The statute of limitations that will apply to most Oklahoma personal injury lawsuits can be found at Oklahoma Statutes section 12-95, which gives you two years to ask the state courts for a civil remedy for any injury.

So, if you want to turn to the state's civil court system for compensation (damages) after an injury caused by someone else in Oklahoma, this two-year deadline applies. That's true whether your personal injury case is driven by the liability principle of "negligence" (which applies to claims filed after a car accident, slip and fall incident, and other mishaps) and those governed by intentional tort (such as civil lawsuits over an assault). And for purposes of this two-year lawsuit filing deadline, the "clock" starts running on the date of the underlying accident or incident.

What If You Miss the Filing Deadline?

If the two-year filing deadline has passed, and you try to file your personal injury lawsuit in court anyway, the defendant (the person you're trying to sue) will almost certainly point this out in a motion to dismiss your case. And unless a rare exception entitles you to extra time (we'll discuss a few of these exceptions later), the court will grant the dismissal.

Oklahoma's personal injury statute of limitations is obviously crucial if you want to take your injury case to court by way of a formal lawsuit, but the statutory filing deadline is also pivotal to your position in personal injury settlement negotiations with the defendant and his or her insurance company. Two years can go by in a hurry, and if you've allowed the deadline to pass without getting your lawsuit filed, and the other side knows it, you'll have lost all your negotiating leverage. After all, "I'll see you in court" becomes an empty threat when that same court is no longer an option for your dispute.

Exceptions to the Oklahoma Personal Injury Statute of Limitations

A few situations could pause the running of Oklahoma's two-year statute of limitations "clock," effectively extending the filing deadline.

For example, special rules usually apply if, at the time of the underlying accident, the injured person is under any "legal disability." That could mean he or she is a minor (under the age of 18 in Oklahoma), or it could mean the injured person is incapacitated in the eyes of the law (having been declared mentally incompetent or not "of sound mind," by a court or other authority, for example).

If the injured person is under a legal disability, once the period of disability ends -- meaning the person turns 18, or is declared legally competent, sticking with the above examples -- he or she will have one year to get the lawsuit filed, according to Oklahoma Statutes section 12-96.

Another potential extension to the statute of limitations deadline: When the defendant (the person who is alleged to have caused the injury) "leaves the state or conceals himself" in the state before a lawsuit can be filed, the period of absence or concealment probably won't be counted as part of the time limit for filing suit. This rule can be found at Oklahoma Statutes section 12-98.

If you have questions about how the Oklahoma statute of limitations applies to your personal injury case -- especially if the deadline is fast-approaching or has already passed -- it may be time to discuss your situation with an experienced Oklahoma personal injury attorney.

Make the Most of Your Claim
Get the compensation you deserve.
We've helped 285 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you