Oklahoma statutes of limitations in personal injury claims allows you two years from the date of your injury to file a lawsuit if you are suing for negligence. For an intentional tort, such as when someone assaults you, you have one year from the date of an assault to file your lawsuit. (Tort is behavior that causes someone else to get hurt). If you are injured on government premises, you have one year from the date of your injury to file a lawsuit.
If you do not file your lawsuit within the time limit set out in the statute of limitations, you could lose your right to sue. It is thus crucial to keep track of the time limit set in the statutes because missing the deadline could result in your case being dismissed without being heard. You lose your negotiation power if going to court is no longer one of your options.
If negotiations are dragging on with the other party and the deadline for filing a lawsuit is looming, see a personal injury lawyer in Tulsa, OK immediately. Even if the deadline is still a long way off, it is crucial to contact a personal injury lawyer regarding your claim. You need an expert at law to look out for your best interests as you proceed with your claim.
Exceptions That Allow For Extensions of Filing Deadlines
A few situations could allow for the deadline for filing lawsuits set by the statutes of limitations to be set aside in Oklahoma. If, for instance, at the time of the assault, the victim had a legal disability, the deadline can be extended. Legal disability means they cannot represent themselves in court or give evidence.
If the period of legal disability ends such as when a minor turns 18 years or if a person with a disability arising from the injury gets better, they have one year from that date to file a lawsuit against the at-fault party. This is according to section 12-96 of Oklahoma statutes. When the year elapses, they lose the right to sue in court.
Another situation that allows for the deadline set in the statute of limitations to be extended is when the at-fault person goes into hiding or leaves the state before they have been sued. The period that the perpetrator is missing does not count towards the deadline set by the statute of limitations. When they reappear, the clock starts ticking starting from when they were last available.
If you also happen to be injured but are unaware of the injury until some much later date, you are allowed more time to file your suit. The date limitation set in the statutes affects injuries you know about soon after the accident.
Whatever your situation regarding a personal injury claim, talk one of the expert personal injury attorneys in Tulsa, OK. Only a trained and experienced professional can give you sound advice regarding your application and work with you towards getting a favorable outcome.
Free Consultation: Tulsa Personal Injury Lawyer
Have you been involved in an accident and are considering making a claim? A knowledgeable personal injury lawyer can help you in making your claim. Consult a lawyer who is skilled and able to handle your case at every stage.
An injury lawyer knows that small details make significant differences. Do not leave determining the amount of your claim to someone working for someone else. Get an experienced person on your side so that you will be compensated adequately. Call Wirth Law Office at (918) 879-1681 for a free, no-obligation talk with a personal injury lawyer in Tulsa Ok.