According to the law in Oklahoma, if you have sustained any personal injury due to the negligence or carelessness of someone else, you might be able to file a suit against the responsible party. For the most part, you will have as long as two years after the day the injury occurs to bring a lawsuit against the at-fault party. The clock on the statute of limitations usually starts on the same date as the original incident.
Why is There a Statute of Limitations in Oklahoma?
There are two primary reasons that most states impose a statute of limitations on people who are attempting to file a personal injury lawsuit. The first reason is that the statute preserves the integrity of any evidence. When it comes to evidence, time is frequently the enemy. As people’s memories start to fade and even physical evidence can become damaged or lost. Requiring a statute of limitations makes it much more likely that any evidence survives and remains intact so that the courts can get the best portrayal of all of the facts of each case. The second reason is that it restricts the injured party. The statute prevents the injured party from making threats of a personal injury lawsuit against the allegedly negligent party indefinitely.
Are There Any Exceptions to the Two Year Statute?
In the majority of these cases, the two-year clock starts on the same day that the accident/injury occurred. Like most things in life, however, there are exceptions to the rule. The most common types of lawsuits that are under the two-year limit are products liability, general personal injury, wrongful death, and medical malpractice. To give an example, if the victim ends up dying as the result of a personal injury, the statute of limitation is still set at two years, but the clock would start on the day that the victim died, as opposed to the date of the original injury which ultimately led to their death. This is because the law recognizes that a person can die months, or even years after the injury occurs. A second major exception is when an employee of the State, a municipality, or another entity that falls under the Oklahoma Governmental Tort Claims Act, is the person who caused the injury. In these types of situations, the case has to be presented within just one year from the date that the original injury took place.
Also, some types of injuries do not develop directly after an incident. When that happens, the statute of limitations can begin on the date when the injury was first discovered or when, with reasonable care, it should have been discovered. A typical example of this is when a surgeon leaves one of their operating instruments inside of a patient during surgery. The finding of that instrument left inside may not happen for a long time after the surgery has taken place.
If you or a family member have suffered an injury as the result of someone else’s negligence, then you should contact an Oklahoma personal injury attorney. If your life has been interrupted by an injury that was caused by another person, then you may very well be qualified to collect financial compensation for the losses that you have endured. If you would like to take part in a free consultation regarding the specifics of your case, then don’t hesitate to call the McGuire Law Firm and speak with one of our qualified attorneys. We have an exceptional track record when it comes to our personal injury cases. Call us today and find out what we can do for you.