Statute of Limitations for Car Accident Claims in Oklahoma

In Oklahoma, the clock starts ticking right after a car accident, and it’s crucial to understand how long you have to file a claim before you lose the ability to seek compensation. The statute of limitations sets a strict deadline for pursuing legal action. If you miss this window, the law could bar you from recovering any damages, even if the other driver was at fault. Knowing the statute of limitations for car accident claims in Oklahoma can help you protect your legal rights.

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How Long Do You Have to File a Claim in Oklahoma?

Under Oklahoma law, the statute of limitations for personal injury claims—including those from car accidents—is generally two years from the date of the accident. That means if you have injuries from a car accident, you have exactly two years to file a lawsuit. If you wait too long, you risk losing your right to seek compensation.

If your claim focuses on property damage (like your vehicle), the statute of limitations is also two years.

Does the Statute of Limitations Apply to Wrongful Death Claims?

If the car accident leads to a fatality, the statute of limitations for a wrongful death claim is also two years from the date of death. The surviving family members or representatives of the deceased have the same timeframe to pursue a claim for damages.

The Discovery Rule: Does It Extend the Deadline?

In some cases, the discovery rule can extend the statute of limitations. This rule pushes back the deadline if the injury or damage isn’t immediately noticeable. For example, injuries like internal bleeding or whiplash might not show symptoms right away. If the injury becomes apparent months or even years after the accident, the statute of limitations can start from the date the injury was discovered or should have been discovered.

Because of the potential for unnoticeable injuries, you should seek medical attention after an accident – even if you feel fine.

Tolling the Statute of Limitations

In certain situations, the statute of limitations may be paused or tolled. For example, if the injured person is a minor, the clock doesn’t start until they turn 18. The statute of limitations can also be tolled if the person responsible is out of state or unreachable. In these cases, courts extend the legal deadline to file a lawsuit until the responsible party is reachable.

What Happens if You Miss the Deadline?

If you miss the two-year filing deadline, you generally lose your right to file a lawsuit. This means even if you have a strong case, the court will likely dismiss it if you try to pursue it after the statute of limitations has passed. That’s why it’s essential to act quickly after an accident.

Tulsa Personal Injury Attorneys

If you’ve been in a car accident, don’t wait until the last minute to consult with an experienced car accident lawyer. They can help you understand your rights and ensure you meet all legal deadlines, giving you the best chance to recover the compensation you deserve. For a free consultation with a Tulsa personal injury attorney, call Kania Law Office at 918.743.2233. Or, follow this link to ask a free online legal question.