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Oklahoma law generally gives you two years from the date of a car accident to file a personal injury lawsuit. If you miss this deadline, the court will likely dismiss your case – leaving you unable to pursue compensation for your injuries in civil court. While there are some exceptions to this rule, contacting a personal injury attorney as soon as possible after an accident is essential if you want to protect your rights.
An Oklahoma car accident attorney with extensive knowledge of the state’s personal injury laws could help you file a claim in time to seek compensation. It’s essential to learn more about how the statute of limitations works in Oklahoma car accident cases and why speaking to a lawyer is crucial immediately after a crash.
Are There Exceptions to the Time Limit for Filing?
While two years is the standard time limit for filing a car accident lawsuit in Oklahoma, there are a handful of exceptions, including the following:
- Minor children – If a child under 18 sustains injuries in a car accident, they have one year from their 18th birthday to file a lawsuit under Oklahoma law.
- Victims who are not legally competent – If someone is deemed mentally incompetent by the court, the two-year deadline will not apply until the court considers the person mentally competent.
- Hidden injuries – Not all injuries from car accidents are immediately apparent, which can create complications when filing a personal injury lawsuit. Sometimes, the two-year deadline applies from when a plaintiff discovers their injury. This rule does not necessarily apply to all car accident cases, so make sure you see a doctor immediately after a crash and have them check for any possible injuries.
- Out-of-state defendants – If a defendant in a car accident case leaves the state or the authorities can’t find them, the two-year filing deadline might be paused until the defendant returns to the state or the authorities can track them down.
- Government entities – In car accident cases against government agencies, employees, or contractors, the plaintiff may have less time to file a personal injury lawsuit. Make sure you speak to a car accident lawyer right away if a government agency or worker caused your injuries.
Is the Time Limit to File an Insurance Claim Different Than a Car Accident Lawsuit?
Most insurance companies require you to report an accident within a few days or weeks of the crash. However, you might have more time to file an insurance claim – depending on the terms of your policy.
The statutory two-year deadline for filing a personal injury lawsuit in court generally does not apply to insurance claims. However, the two-year time limit is relevant even if you do not intend to file a lawsuit. The ability to threaten a lawsuit can be an essential bargaining chip during settlement negotiations with insurance companies. The insurance company might be less motivated to settle quickly or offer a fair amount if you cannot sue. That makes it crucial to remember the statutory deadline even when filing an insurance claim. You should speak to a car accident attorney immediately to ensure you do not miss any essential deadlines.
Why Is It Important to File Your Claim Quickly?
There are various reasons to file a personal injury claim as soon as possible after a car accident, such as:
- Preserving evidence – Critical evidence in a car accident case can disappear or deteriorate quickly after the crash. By filing your claim quickly, your lawyer can start their investigation promptly after the collision and take steps to protect the evidence you’ll need to build a strong case.
- Protecting your rights – You don’t want to risk losing your chance at seeking the compensation you deserve after a car accident. Filing your claim quickly after a crash means you are less likely to face issues with Oklahoma’s statute of limitations and more likely to preserve your right to compensation.
- Recovering the money you need sooner – You probably have medical bills piling up after an accident. Paying your everyday expenses might be challenging if your injuries keep you from working. Taking legal action quickly after a crash means you are more likely to recover the money you need as soon as possible.
Why Does Oklahoma Have a Personal Injury Statute of Limitations?
Our clients often ask us why Oklahoma places a time limit on filing a personal injury lawsuit after a car accident. While this law might not seem fair if you have suffered severe injuries in a collision, there are a handful of reasons why the statute of limitations exists, such as:
- Protecting defendants from frivolous lawsuits – If a plaintiff had unlimited time to file a lawsuit after a car accident, a defendant could face a lawsuit related to an incident from many years or decades prior. Reaching a fair outcome in cases like this is challenging if the evidence has deteriorated or disappeared.
- Keeping the civil court system from being overwhelmed – Civil courts can only handle so many cases if they want to give each case the attention it deserves. Setting a time limit on personal injury cases prevents the courts from breaking down due to an overload of cases.
- The Sixth Amendment – The Sixth Amendment to the U.S. Constitution gives all defendants the right to a “speedy and public trial.” Limiting the time a plaintiff has to file a lawsuit decreases the number of court cases and helps the courts reach a quick resolution.
Contact an Oklahoma Car Accident Lawyer Today
You have a small window to file a claim after a car accident, and our Oklahoma car accident attorneys are ready to uphold your rights. The attorneys with Edwards & Patterson Law have recovered significant compensation for our clients. You can learn more about our services today by calling our office or visiting our contact page for a free case review.
