Understanding the legal time constraints for filing claims is critical to your ability to assert a claim arising out of a car accident. In Oklahoma, and many other states, victims of car accidents are given a deadline by which they must file a lawsuit, or they are otherwise precluded from doing so. That deadline is determined by Oklahoma’s “statute of limitations.” Those that miss this deadline also miss out on exercising their legal rights. When it comes to car accidents, don’t let these laws confuse you. Continue reading to learn more about filing for claims in Oklahoma on time.
Oklahoma Statute of Limitations
Statutes of limitations dictate the deadline by which a claim must be filed. This means those seeking compensation must initiate claims by a specific deadline, or their claim is not valid.
In Oklahoma, you have two years from the date of the accident to file a lawsuit. This ensures that victims act promptly, courts can process claims efficiently, and evidence is still available to determine the outcomes of claims.
While two years may seem like a long time, it’s important to get started as soon as possible. This gives you the best chance of gathering detailed information surrounding the accident and a higher recovery.
There are some exceptions to the two-year timeframe, for example, in the case of a party fleeing the state or if a minor is involved. However, it’s best to consult an attorney about specifics to fully understand your timeline.
Types of Damages Covered in Oklahoma Car Accident Claims
Damage in car accidents can be extensive, from damage to your property to injuries to you or a loved one. Understanding the types of damages that you can be compensated for is important to building a comprehensive case. When you know what you’re able to recover, you have a better idea of what records to keep and what information to collect.
In Oklahoma, you may be entitled to economic damages such as:
- Medical bills
- Property damage
- Lost wages
You may also be entitled to non-economic damages such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Knowing this, it’s important to keep track of expenses such as medical bills or repair receipts. It is also useful to keep a journal that tracks your daily emotions or progress towards recovering.
In certain cases, you will find that there are limits on damage in the aftermath of a car accident. While you are able to recover all the economic damages, you may not be able to recover as much in non-economic damages since this is capped at $350,000 in the state of Oklahoma.
Is Oklahoma an At-Fault State?
Oklahoma is an at-fault state, meaning the at-fault party is responsible for damages after an accident. To be more specific, Oklahoma is a comparative fault state which also means that the victim can only recover the damages if they are found to be at less fault than the other party.
For example, if the victim is 49 percent at fault, they are still able to recover some damages. However, if they are found to be 50 percent at fault, they are unable to seek compensation from the other party.
Choose DiPasquale Moore for Your Legal Representation
Car accident claims can get tricky and navigating the complexities of filing a claim is more manageable when you have an attorney on your side. Our dedicated team is well-versed in the complexities of car accident cases and are committed to being the strong advocate our clients need. Don’t feel the need to handle your cases alone. Our car accident attorneys are here to provide tailored advice to your situation and support as you get your life back. Reach out today to schedule a free consultation.