Understanding the Statute of Limitations for Personal Injury Cases in Oklahoma
One of the most important things to know when you have an accident as a result of someone else’s carelessness is Oklahoma’s statute of limitations for personal injury claims. The amount of time you have after an accident to launch a lawsuit is limited by the statute of limitations. If you don’t file within this window of time, you may forfeit your whole right to compensation. Here is a closer look at Oklahoma’s statute of limitations for personal injury claims and the reasons why moving quickly is crucial.
What is the Statute of Limitations?
The greatest amount of time following an occurrence during which legal procedures may be started is determined by the statute of limitations, which is a date set by law. The statute of limitations for personal injury claims in Oklahoma is two years from the date of the accident or injury. This implies that in order for the courts to consider your claim, you must bring your complaint within the allotted two years.
Why Does the Statute of Limitations Matter?
Understanding the statute of limitations is vital for several reasons:
- Preservation of Evidence: Over time, it’s possible for evidence that supports your argument to disappear or degrade. Witnesses can stop being available or forget specifics. It’s important to file your claim as soon as possible to maximize your chances of obtaining the proof you need to bolster your claim.
- Insurance Negotiations: Being aware of the deadline is essential if you’re pursuing an insurance claim. Insurance companies frequently demand speedy settlements, but if you put off settlement talks too long, you can lose the opportunity to sue later.
- Legal Rights: Both plaintiffs and defendants’ legal rights are safeguarded by the statute of limitations. It promotes prompt conflict resolution and assists in avoiding stale claims, which can be challenging to refute.
Exceptions to the Rule
While the standard statute of limitations for personal injury cases is two years, there are exceptions that can affect this timeline:
- Minors: The statute of limitations may be extended until the injured party turns 18, giving them until their 20th birthday to make a claim, if the injured party is a minor (under 18).
- Rule of Discovery: In certain situations, such as when there has been hazardous exposure or medical misconduct, injuries can not be immediately noticeable. If the harm is not detected right away, the statute of limitations may commence when the injury is discovered, rather than at the time of the incident.
- Wrongful Death: The statute of limitations is likewise two years in wrongful death claims, but it normally begins on the date of the deceased person’s death rather than the accident date.
Why You Should Consult an Attorney
It’s best to speak with a personal injury lawyer as soon as possible following an accident due to the complexity of the statute of limitations and any possible exceptions. A knowledgeable lawyer can guide you through the legal system, make sure all required documentation is submitted on time, and advise you on the best course of action for your particular circumstances.
How Milly Daniels Law Can Assist You
We at Milly Daniels Law are familiar with the nuances of Oklahoma personal injury law. Our devoted staff is committed to defending your legal rights and making sure you get the settlement you are due. We can help you assess your case, get supporting documentation, and submit your claim on time.
Conclusion
A vital component of seeking justice and recompense in Oklahoma personal injury cases is the statute of limitations. There is just a two-year window in which to file a claim, so you need to move fast and speak with an experienced lawyer. Don’t let time pass you by; contact Milly Daniels Law right now to schedule a consultation and allow us to assist you in finding justice and a path to rehabilitation. We are here to fight for you because we believe that you have rights.