What is the Statute of Limitations for a Personal Injury Case in Oklahoma?

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What is the Statute of Limitations for a Personal Injury Case in Oklahoma?

Hi, I'm Chad Nelson with DM Injury Law and let me walk you through Oklahoma's statute of limitations, some of the exceptions you need to know, and why acting early matters even when that deadline feels far away. Under the Oklahoma statutes, the statute of limitations for personal injury claims is two years. That clock starts from the date of your injury, or in cases where an injury wasn't immediately apparent from the date you discovered or reasonably should have discovered it. 

Now, the exception that catches a lot of people off guard is if your injury involves a government entity. These can be entities like busses, municipal vehicles, a public school, or any other government agency. You don't get the full two years to act. In these instances, you're required to file a formal written tort claim notice under the Oklahoma Governmental Tort Claims Act within one year of the injury. 

If you missed that notice deadline, your claim against the government entity is barred, and a wrongful death claim in Oklahoma must also be filed within two years. Wrongful death claims involving minors, though, have a more complicated statutory deadlines, and the specifics should be discussed with an attorney. Medical malpractice also carries a two-year limitation with specific discovery rules. One thing that people often misunderstand about the statute of limitations is that the filing deadline isn't really the main reason to act quickly. The bigger issue is preserving evidence. 

For example, surveillance footage from commercial properties in Oklahoma can be overwritten in as short as 72 hours. Accident scenes can change and witnesses can become harder to find, or they may not remember the details as clearly over time. The sooner an attorney gets involved, the better the chance that we can preserve evidence and start building a strong case.